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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 880. Agreement For Sale And Proof Of An Exchange, Not A Fatal Variance |
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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.
Where a declaration alleges an agreement on a "sale" of real estate, proof of an exchange of the property is not a fatal variance, if defendant is not misled. Whitaker v. Engle, I11 Mich. 205, 69 N. W. 493; Park v. Towne (S. D. Sup. '08), 116 N. W. 1123; Clark v. Allen, 125 Cal. 276, 57 P. 985.
In an action by a broker to recover a commission for a sale of the defendant's real estate; held, that there was no variance between the evidence offered and the statement of claim. Hobbs v. Junge, 202 I11. App. 191.
 
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