The petition of a broker for commissions, alleging the creation of an agency for the sale of land, that defendant authorized plaintiff to sell it for a certain amount, agreeing to pay him a fair per cent. commission therefor, and that defendant made a special agreement in writing to pay him such commission if plaintiff should sell or negotiate a sale to B., and that a few days thereafter defendant himself sold and conveyed the land to B. for a less consideration, and that said purchaser was procured by plaintiff, under the terms of the contract, states a cause of action, without any allegation that defendant made the sale with evil intent, or for the purpose of defrauding plaintiff. Pierce v. Nichols (Tex. Civ. App. '08), 110 S. W. 206.