One who negotiates a contract for another, relating to a subject matter not in his possession, is a broker.4 The broker's commission is called brokerage. His duty is simply to bring the parties together. He has nothing to do with the possession of the thing, concerning which the principal and third party make the contract. The broker may actually make the contract itself, however, if his authority goes that far. There are various kinds of brokers, depending upon the nature of the business they may be in. They may be stock brokers, real estate brokers, diamondbrokers ,ship brokers or brokers of various other classes almost too numerous to mention. The usual duty is to negotiate the buying or selling of their particular commodity, for or on behalf of their principal. The negotiating of contracts to marry - marriage brocage contracts - being contrary to the rule of public policy, such contracts are therefore void.5

Brokers have an incidental authority to sign the contract for, and as the agent of both parties.6

A broker who has authority to sell goods without any restriction as to how he shall do so, may sell the same by sample, and may make the usual warranties that accompany a sale.7 A broker should act in the name of the principal ordinarily,8 but may act for an unnamed principal.

4 Story on Agency, sec. 28; Sibbald vs. Bethlehem Iron Co., 83 N. Y., 378.

5 White 'vs. Equitable Nuptial

Benefit Union, 76 Ala., 251.

6Graves vs. Legg, 34 Eng. Law &

Eq., 489. 7 Andrews vs. Kneeland, 6 Cowan,

354. 8 Basbock vs. Judine, 34 L. J. Ex.,

142.