In an action for commissions on a sale of land, an instruction which assumes a ratification of plaintiff's authority to sell, but directs that plaintiff might recover if the subsequent sale of the land by the owner to the same person with whom plaintiff has previously negotiated, if at the time negotiations with him were broken off, the purchaser had not given up the idea of ultimately making the purchase, is erroneous. Gillet v. Corum, 5 Kan. 608. See also Sec. 447.