This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
A complaint alleged employment by defendant as broker to exchange real estate, the offer of defendant's property under defendant's instructions, and acceptance of such offer, the notification of defendant thereof, and that defendant refused to proceed with the exchange and claimed the reasonable value of such services; a second count repeated the allegations of the first, and claimed damages for the loss of commissions to be paid by the owners of the other property on completion of the exchange. Held, that the only contract alleged between defendant and its broker was an employment, that the employer contracted to pay the reasonable value of his services, and a demurrer to the second cause of action, on the ground that it did not state a cause of action, was properly sustained. Mulhall v. Bradley & Currier Co., 63 N. Y. S. 782, 50 A. D. 179. See also Sec. 25.
 
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