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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 887. Variance In Date Not Material, Where Contract Was Made Before The Sale And Within The Time |
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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 to recover commissions under a contract for the sale of land, proof that the contract was made on the exact date alleged is not required, since, while it is necessary to allege the date with convenient certainty, it is sufficient if shown to have been prior to the consummation of the sale and within the time prescribed by the statute of limitations. Dillard v. Olalla Min. Co., 52 Ore. 126, 96 P. 678; Miller v. Bohanan, 165 N. W. 317, - Iowa Sup. -; Cochran v. Staman, 167 N. W. 1015, 201 Mich. 632. Contra, Fortran v. Stowers (Tex. Civ. App. '08), 113 S. W. 631.
 
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