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Free Books / Real Estate / American Law Of Real Estate Agency / |  |
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Sec. 833d. Broker Must Prove Contract As Pleaded, Performance, Breach By Defendant, And Measure Of Recovery |
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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.
In an action for broker's commissions, plaintiff must prove the contract as pleaded, and show performance and breach by defendant, and the measure of recovery, as alleged. Hill v. Dakin, 141 P. 175, 92 Kan. 650.
Character of broker's relation to the transaction may be proved by direct and positive evidence, or may be inferred from facts and circumstances proved. Johnson v. Schrepferman, 119 N. E. 494, - Ind. App. - .
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