Defendant listed certain property with plaintiff for sale under a contract providing that when the land was sold, or when plaintiff performed its part of the contract defendant was to pay five per cent. commissions and all that the land was sold for over the sum specified; that plaintiff was to advertise the land for sale, and that by selling the land himself or by giving plaintiff thirty days' notice, defendant might terminate the agreement, which, in either event, should be considered as performance on plaintiff's part; the first land company that sold was to get the commissions, and the rest to claim no commission; plaintiff alleged that defendant terminated the agreement by a notice that he had sold the land. Held, that under such contract it was entitled to a commission only in case it actually made a sale of the land, and that the petition was therefore demurrable. Iowa Land Co. v. Schoenewe (Iowa Sup. '05), 102 N W. 817. See also Sec. 15.

A complaint in a broker's action alleging that, at the instance of defendant, he, plaintiff, employed a title company, whose services were worth $3,500, for which plaintiff was responsible, was demurrable for not alleging performance of the services by such company. Hevia v. Wheeloch, 148 N. Y. Sup. 165, 162 App. Div. 759.

In a broker's action for commissions for procuring buyer for real estate, petition alleging exclusive right by broker to sell property until certain date, and sale by owner subsequently as such to purchaser procured by broker, but fails to allege that purchaser was procured by broker within the period during which he had exclusive right to sell, failed to state a cause of action. Aukerman v. Brewer, 209 S. W. 261, - Tex. Civ. App. - .