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.
Where the owner of certain land was willing to give a purchaser procured by plaintiff the privilege of buying, and the purchaser was willing to take an option, it would be presumed that the parties were negotiating for a written agreement; hence, neither party was at liberty to withdraw any proposition made during the negotiations and to repudiate any oral agreement before the execution of the written contract, without the owner being liable to the broker furnishing such purchaser for commissions in case of the failure of the parties to agree. Fox v. Denargo Land Co., 37 Colo. 203, 86 P. 344; Smith v. Merrill 134 Wis. 227, 114 N. W. 508; Mercer v.
Planters' Rice Mill Co., 81 S. E. 492, 16 Ga. App. 38. See also Meeting of Minds, Sec. 33.
 
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