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 fact that the principal does not own the property which he employs the broker to sell, does not defeat the broker's right to compensation on procuring a purchaser. Smith v. Schiele, 93 Cal. 144, 28 P. 857. Compare Secs. 122, 154, 180. Where, at the time of the contract of employment, the principal has only an option on the land, or for any other reason can not avail himself of the offer procured by the broker. Monk v. Parker, 180 Mass. 246, 63 N. E. 793. See also Sec. 1033.
 
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