A broker contracted for his principal to purchase land for a certain amount. There was a mortgage upon the land to secure several notes. The record definitely stated the rate of interest borne by the notes to be six per cent. per annum; but did not show that past due notes and installments of interest bore an increased rate of interest. The broker did not ascertain this fact, and failed to investigate, as requested by the principal, to see that one of the notes had been paid. The principal, going on the assumption that the one note had been paid, and that this bore only six per cent. interest, overpaid for the land, and sought to recover from the broker. Held, that the broker had a right to rely upon the recitals of the record, which definitely stated the rate of interest, as had the principal, who could not be held for the higher rate, and hence there could be no recovery from the broker for payments of interest in excess of that rate. Judgment, 20 S. D. 509, 108 N. W. 332, reversed on rehearing. Hinrichs v. Brady (S. D. Sup. '09), 121 N. W. 777.