A real estate agent whose authority is first put in writing in a contract for a sale between the vendor and vendee which is not under seal, can not recover commissions for the sale. Alpern v. Klein (N. J. Sup. '08), 68 A. 799.

It requires an instrument under seal to ratify the unauthorized deed of an agent. Spofford v. Hobbs, 29 Me. 148; Drum-right v. Philpot, 16 Ga. 424; Reese v. Medlock, 27 Tex. 120.

Where the act of the principal is required to be done in the name of the principal, the authority to do the act must be conferred by an instrument under seal. Mitchell v. Sproul, 5 J. J. Marsh. (Ky.) 264; Clark v. Graham, 6 Wheat. (U. S.) 577; Butterfield v. Beall, 3 Ind. 203.

In Illinois a power of attorney not under seal will be sufficient to authorize the attorney to sell land, but not to make a conveyance. Watson v. Sherman, 84 I11. 263, 267. See also Sec. 57.

A contract under seal between the vendor and vendee contained a provision that plaintiffs were recognized by the vendor, the defendant, as the brokers in the transaction and entitled to a commission; held, that the plaintiffs could recover the specified commission, whether the contract was one made between others for their benefit or a contract between plaintiffs and defendant. Tapscott v. McVey, 81 A. 348, 82 N. J. Law, 35, judg. aff., 85 A. 343, 83 N. J. Law, 747.