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 on notes defendant pleaded in reconvention that she had given plaintiff certain money to loan for her, but which, through his negligence, she had lost; the evidence tended to prove that plaintiff had received a commission from the borrower for making the loan. Held, an instruction that if plaintiff received a profit from the lending he was bound to use the greatest degree of care that an ordinarily prudent person would exercise under like circumstances, was erroneous, as requiring too high a degree of care; plaintiff, as bailee or broker, being only required to exercise the care of an ordinarily prudent person. Caruthers v. Boss (Tex. Civ. App. '01), 63 S. W. 911.
 
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