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.
The burden of proving knowledge on the part of the principal, in some States, rests on the agent. Young v. Trainor, 158 I11. 428, 42 N. E. 139; Lynch v. Fallon, 11 R. I. 311; Jansen v. Williams, 36 Neb. 869, 55 N. W. 279; Leno v. Stewart, 95 A. 539, 89 Vt. 286, Ann. Cas. 1917 A, 509. In Georgia, the burden of proving knowledge on the part of the principal rests on the latter, and when dual agency was relied on it was necessary for the defendants to prove not only the fact of such agency, but that the same was not known to both parties. Red Cypress Lumber Co. v. Perry, 118 Ga. 876, 45 S. E. 674; Hansley v. Monroe, 103 Ga. 279, 29 S. E. 928.
The burden of the defense against the owner's possible double liability to each of two brokers with whom he had independently-contracted to pay a commission on the procurement of a purchaser ready, able and willing to buy realty at a specified price, is on the owner. Alton & Peters v. Merritt, 177 N. W. 770, - Minn. Sup. - .
 
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