In order that a broker may be able to recover commission for his services, it is necessary that there be a contract of employment with the one for whom he acts. As already noted, this need not be a written agreement except in those states where the law requires it. But, nevertheless, there must be employment, either express or implied, or the broker has no legal ground for his claim. Volunteers are not entitled to compensation, and a broker who performs a service without having it understood that he is to be paid for doing so, may find himself classed as a volunteer.11

A person who has merely inquired the owner's price for a piece of property, and procured a buyer at that price is not entitled to a commission. If he could, an owner could scarcely quote a price to anyone without laying himself open to a claim from someone for commission when he sold his property.

8Gardner vs. Ogden, 22 N. Y. 327; see also Clark vs. Bird, 66 App. Div. 284 (N. Y.), which quotes from Story on Agency.

9 Bain vs. Brown, 56 N. Y. 285.

10McDonald vs. Lord, 26,.How. Pr. 407.

11Benedict vs. Pell, 70 App. Div. 43 (N. Y.).

The courts have clearly settled this point and have stated that "an owner cannot be enticed into a liability for commissions against his will."12

It is of course more satisfactory if there is a written authorization stipulating the amount of the commission, for then the employment is easily proved. It is also a clear case of employment when the owner comes to the broker and lists his property with him. The owner, it is assumed, must know the broker expects to be paid a commission if he secures a customer. The amount of commission, in the absence of a definite agreement, would be such as is fixed by custom in the locality.

A contract of employment may be implied by the past dealings of the parties, or when it can be shown that the owner knew that he was dealing through a broker who expected to be paid for his services. Employment may be by ratification, as when an owner accepts the results of a broker's services with the plain intent to ratify.