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.
Real estate brokers, in their complaint for compensation, alleged that defendant gave them the exclusive agency to sell a certain tract of land, their compensation to be a percentage on the price obtained, and that they procured a purchaser to whom defendant sold. Defendant pleaded a general denial, and especially, that plaintiffs' agency, if any, was revoked before they began to negotiate with the purchaser. Held, that an instruction that if plaintiffs had an exclusive agency when they began to negotiate with the purchaser, they were entitled to recover, was erroneous, as not including the necessity that they should have been the procuring cause of the sale, thereby failing to conform to the issues made, and even had plaintiffs alleged that defendant, by his sale, had prevented plaintiffs from consummating their sale, the omission would still have been fatal to the instruction. Jackson v. Stephenson (Tex. Civ. App. '08), 114 S. W. 848; Russell v. Poor (Mo. App. '08), 119 S. W. 433.
 
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