By the terms of the contract of employment between the owner of land and a broker commissions became due upon withdrawal of the property from sale within a certain time. Held, that the notice recited that it was given under a contract by the owner to the broker not to sell said land, that it had been withdrawn from the market, written within that time, while the owner was repudiating a sale by the broker, was a withdrawal of the premises from sale entitling the broker to his commissions, not as damages for breach of contract, but as a debt. Maze v. Gordon, 96 Cal. 61, 30 P. 962; compare Sec. 585.

Assent by a broker, employed to procure a purchaser, to a withdrawal of the property from sale, held, not to affect his right to a commission on the owner subsequently selling the property to a customer of the broker. Howard v. Street, 93 A. 923, 125 Md. 289.