Where one has charge of real estate under an exclusive agency for its sale, and as a part of his compensation is to receive a percentage of the price for which it is sold, no matter to whom, a contract by the owner granting to a third person the right to sell and retain all the proceeds over a certain price, is not a sale in such a sense as to entitle the original agent to the specified percentage. Kirschner v. Brown (Kan. Sup. '08), 96 P. 848.