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.
Plaintiffs authorized defendant to sell land for them, no terms being stated in the agreement, at a certain price within five days, agreeing to pay as commission whatever the land brought over the price fixed. Defendant found a purchaser who paid down a bonus on condition that if the title was not insured by a certain title insurance company, the bonus was to be refunded. The title was not insured and defendant refunded the money paid. Plaintiffs then sued defendant, claiming that it had received this money as plaintiffs' agent. Held, that defendant was more than a mere agent of plaintiffs, the agreement being in the nature of an option for five days, and defendant was not liable for such money. Robinson v. Easton, 28 P. 796, 93 Cal. 80.
 
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