An instruction, in an action by a real estate agent for commissions, to find for defendant if he employed plaintiff to sell his land and agreed to pay him a commission, and subsequently and before the purchaser had been produced to defendant, or a written contract secured by plaintiff for a sale, defendant notified him that he would, three days later, take the land from his list, and that he never made any further effort to sell; and an instruction to find for plaintiff, if defendant agreed to pay him a commission for selling his land, and plaintiff, as his agent, made a verbal contract with E. to sell him the land on the stipulated terms, and a month later E. made a written contract with plaintiff to buy the land on such terms, and E. was financially able to execute such contract, though in the time between the making of the verbal and written contracts defendant notified plaintiff he had terminated his agency, are not inconsistent, and both are correct. Kesterson v. Cheuvront (Mo. App. '02), 70 S. W. 1091; Weinman v. Spencer (Tex. C. A. '09), 124 S. W. 209; Benton v. Brown (Iowa Sup. '10), 124 N. W. 815.