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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 950. Instruction That Plaintiff Was Entitled To Recover $1,000, Erroneous, Where Nothing To Show Brokers Got It |
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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 assumpsit by a principal against real estate brokers for money had and received, an instruction that if the brokers sold the principal's farm for $11,000, but accounted to him only for $10,000, the principal is entitled to receive $1,000, is erroneous, where there is evidence that the purchaser, with the principal's knowledge, bought from one who had a prior option on the land, and there is no evidence that the defendants ever received the $1,000. Henshaw v. Wilson, 46 I11. App. 364.
 
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