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.
A real estate agent sued on a contract for commissions for a sale of land; the contract was made a part of the complaint, but was not introduced in evidence; the court charged that as plaintiff had undertaken to effect a sale or procure a purchaser, in accordance with the contract, it was necessary for him to prove that he had found a purchaser who was willing to take the property on the terms provided in the contract. Held, that as the charge, when referring to the complaint, was clearly correct, and the court had evidently given it under the impression that the contract was in evidence, plaintiff could not be heard to object. Hegman v. Hood, 3 Ind. App. 456, 29 N. E. 1141.
 
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