An owner can not, by refusing to convey, avoid liability to the broker for services rendered in procuring a purchaser while the contract of employment was in force. Johnson v. Huber (Kan. Sup. '09), 103 P. 99. See also Sec. 362. Compare Sec. 375.

It is sufficient to entitle a broker to his commissions that it appears that a sale was effected through his agency in procuring a purchaser, and his right is not affected by refusal of the seller to perform the contract made, whether in good or bad faith. Baldwin v. Jardine, Mathum & Co., 261 F. 861; Newman v. Lumley, 125 I11. App. 382; Schneider v. Commons, 190 I11. App. 121.