A contract by A. to give B. the exclusive sale of land for ninety days and to execute deed either to B. or persons to whom he might sell, B. to take any land remaining after the expiration of such time, was a contract of sale and not of agency, and the broker who brought the parties together was entitled to commission. Ansley Realty Co. v. Pope, 151 S. W. 525, 105 Tex. 440, rev. judg., Civ. App., Pope v. Ansley Realty Co., 135 S. W. 1103.