This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
A broker employed to sell real property has ordinarily no power to effect a sale with warranty, and if he does it is such a departure from his authority that the contract will not bind the principal. Yazel v. Palmer, 88 I11. 597; Tudro v. Cush-man, 2 Wis. 279; Nixon v. Hyserott, 5 Johns. Ch. (N. Y.) 58;
Coleman v. Garrigues, 18 Barb. (N. Y.), 60; Malone v. McCul-lough, 15 Colo. 460, 24 P. 1040; Stengel v. Sargeant (N. J. Eq. '08), 68 A. 1106. See preceding Section. Compare Sec. 328k.
 
Continue to: