A real estate agent who received a part payment of the purchase money on a sale, conditioned that the offer be accepted by the owner on the terms and conditions specified or the money be returned, is not liable in an action by the purchaser for the money, if the offer was accepted by the owner, and if, at the time of acceptance, the owner and purchaser, by mutual agreement, vary the terms and conditions upon which the agent sold. Fowler v. Quail, 36 Kan. 507, 13 P. 784. See also Sec. 293.