Defendant was employed to effect a purchase of real estate at a price not to exceed $51,000, and to take a contract therefor in his own name, to be assigned to plaintiff. Held, that after using all reasonable efforts to obtain said property for plaintiff at the limited sum, without success, he had a right to purchase the same for himself at the sum of $52,000, the contract of employment fixing the law of the case, without regard to the fiduciary relations of the parties. Pearsall v. Hirch, 14 N. Y. S. 305; Clark v. Delano (Mass. Sup. '10), 91 N. E. 299.

See also Sec. 40.