Defendant made complainant his agent to sell certain lands, the agency to continue for six months, unless sooner terminated by a sale; defendant reserved the right to sell the land himself, in which case plaintiff was to receive the same fee as if he had sold it; within seventeen days after making the contract defendant sold the land and plaintiff sued for his fees. Held, that the plaintiff need not expressly allege that he had performed the contract on his part. Singleton v. O'Blevis, 125 Ind. 151. Compare Wolff v. Dembosky, 74 N. Y. S. 465, 36 Misc. 643, 66 A. D. 428. See Sec. 948.