A contract giving an agent the exclusive right to find a purchaser for a farm within a given time is not breached by a sale by the owner at public auction, through the medium of an auctioneer acting under his immediate direction. Ingold v. Symonds, 134 Iowa, 206, 111 N. W. 802. A memorandum signed by an auctioneer selling real estate describing the land sold and stating the terms of the sale, binds both buyer and seller, and is a compliance with the statute of frauds. Garth v. Davis, 27 Ky. L. R. 505, 85 S. W. 692.

Plaintiff was employed by defendant to advertise his property for sale at auction, to secure an auctioneer and to take charge of the sale; after plaintiff had advertised the property and secured an auctioneer, but before the day of sale, defendant sold the property privately, and thereupon agreed with plaintiff to pay him two per cent. of the price for what he had done. Held, that this agreement was not within the statutory requirement of a writing to entitle the broker to commissions. Griffith v. Daly, 56 N. J. Law (27 Vroom), 466, 29 A. 169.

One employed to arrange for a sale of land at auction, held, not entitled to recover commission unless there was a sale or the production of some one able and willing to purchase according to terms satisfactory to the owners. Sotham v. Macomber, 146 N. W. 674, 180 Mich. 120, Ann. Cas. 1916 C, 694.