Corpus juris secundum: a complete restatement of the entire American law as developed by all reported cases

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Contents

Former Section New Section Former Section New Section
92
Necessity of written authority p
103
Construction and modification of contract p
104
3l 1dentity of principal p
105
Real estate broker p
107
Evidence of agency p
108
Weight and sufficiency p
112
Duration and termination of agency p
115
Failure to perform within reasonable time p
378
Ratification of unauthorized employment or acts p
379
13l Employment of subagent p
380
Persons or transactions subject to licensing restrictions in general p
388
Corporations and representatives p
392
Cobrokers partners coadventurers and salesmen p
393
Effect of fraud misconduct or breach of duty p
396
Concealment of facts p
399

Termination by revocation p
120
Exclusive agency and right to sell p
124
Manner of revocation p
125
Termination by changes affecting the parties or subject matter p
126
Breach of contract p
128
4l Measure of damages p
133
Actions for damages p
135
Authority conferred p
137
Livestock and merchandise brokers p
138
Real estate brokers p
139
Terms and conditions of sale credit sales p
143
Completion of sale and execution of contract p
145
Stock grain etc brokers p
149
Delegation of authority p
150
R1GHTS DUT1ES AND L1AB1L1T1ES OF BROKER AND PR1NC1PAL 1N GENERAL p
153
5l What law governs p
155
Mode of execution of agency p
157
Skill and care required p
160
Failure to act p
164
Unauthorized acts p
166
Good faith fair dealing and loyalty to principal in general p
167
Disclosure of information and giving of advice p
170
Fraud misrepresentation or duress p
174
1ndividual interest of broker p
177
Purchasing broker p
180
6l Selling broker p
182
Acting for persons adversely interested dual agency p
187
Ratification or repudiation of brokers acts p
190
Estoppel to repudiate transaction between parties waiver p
194
B PART1CULAR ACTS AND TRANSACT1ONS p
196
Conversion generally p
198
Title to property purchased or held by broker p
200
Delivery of property purchased by broker p
203
Pledge or sale of property purchased by broker p
206
Rights of broker as to collateral security p
208
7l Margin transactions p
213
Short sales p
219
Advances by broker and sales on credit p
220
Keeping and rendering accounts p
221
1nsoivency of broker p
223
REMED1ES p
225
Actions for negligence or wrongful act p
228
Nature and form of action p
230
Conditions precedent limitations parties p
232
8l Pleading p
234
Evidence p
237
Weight and sufficiency p
240
Trial p
244
1nstructions verdict findings and judgment p
246
Damages p
248
1n securities transactions p
251
R1GHTS AND L1AB1L1T1ES OF PR1NC1PAL AND BROKER AS TO TH1RD PERSONS p
255
Rights against other party to contract negotiated by broker p
256
Existence and validity of contract p
259
9l Rights of third person against principal on contract negotiated by broker p
262
Essential elements and validity of contract p
267
Ratification or repudiation of brokers acts p
270
Estoppel to deny authority p
273
Rights of third person against principal independent of or collateral to contract negotiated by broker p
275
As to payments received by broker p
278
Misrepresentations of broker p
282
Notice to broker as notice to principal p
287
B BROKER AND TH1RD PERSONS p
288
10l Rights of third person against broker p
291
Contracts for disclosed principal p
293
Contracts for undisclosed principal p
294
Rights independent of or collateral to contract p
296
Recovery back of deposits or payments p
300
Breach of warranty of authority p
306
Fraud misrepresentation and nondisclosure p
307
R1GHTS AND L1AB1L1T1ES OF PR1NC1PAL AND BROKER AS TO TH1RD PERSONS Contd
311
Parties p
313
Pleading p
314
11l Evidence p
316
1n action between broker and third person p
321
Trial p
323
Judgment p
326
COMPENSAT1ON AND L1EN p
328
As affected by contract of employment generally p
329
Necessity of contract p
334
Express and implied contracts p
339
Listing property with broker p
344
12l Necessity and sufficiency of writing p
346
Under statutes expressly covering brokerage contracts p
348
Agreements or transactions within statutes p
351
Sufficiency of writing p
360
Modification of contract p
367
Abandonment of contract p
368
Revocation of authority p
369
Contracts with special features p
375
Misrepresentations p
401
Representing adverse interest p
403
1ndividual interest of broker p
406
14l Agreement to divide commissions p
408
Negligence p
409
V1 COMPENSAT1ON AND L1EN Continued C WHEN R1GHT ACCRUES PERFORMANCE AND COMPLET1ON OF TRANSACT1ON p
410
When commission earned p
416
Time within which transaction must be negotiated p
419
Transaction consummated by principal after expiration of agency p
424
Completion of negotiations in general p
430
When transaction complete p
432
Tentative conditional or optional agreement p
437
Duty of broker to procure valid and binding contract p
442
15l Necessity of final consummation of transaction p
448
Producing purchaser or seller able ready and willing to perform p
453
When commission earned p
458
Sufficiency of qualifications of proposed purchaser or seller p
464
Variance between transaction negotiated by broker and that authorized p
472
Contract concluded by principal on different terms p
479
Failure or refusal of principal to consummate transaction p
485
1nability in general p
492
Defects in principals title p
493
Fault or knowledge of broker p
497
16l Refusal of principal to conclude sale or purchase p
501
Grounds of refusal p
505
Default or refusal to perform by party procured by broker p
509
Defects in customers title p
517
Broker as Procuring Cause of Transaction p
519
Facts or circumstances determinative of procuring cause p
526
First contact with customer p
529
Bringing parties together p
531
Transaction effected without aid of broker in general p
534
17l Negotiations through other agents p
538
Negotiations direct with principal p
545
Knowledge or ignorance of brokers services p
552
Conveyance to person other than brokers customer p
554
MODE AND SOURCE OF COMPENSAT1ON RATE OR AMOUNT AND PERSONS ENT1TLED p
562
Rate or amount in general p
564
Reasonable or customary compensation p
566
Difference between stipulated and actual price p
568
Basis of computing commissions p
569
18l Reimbursement of advances expenses or losses p
575
Commission from both parties p
577
Persons entitled p
579
Subagent p
580
Agreements for division of commissions p
582
E PERSONS L1ABLE PAYMENT RECOVERY BACK AND L1EN p
588
Purchaser p
593
Payment of compensationp
595
Application of forfeited deposit p
598
Recovery back of compensation paid p
600
19l Lien p
603
Enforcement p
605
Defenses p
606
Nature and form of action p
608
Quantum meruit p
610
Conditions precedent p
612
Parties p
613
Declaration complaint or petition p
615
20l Compliance with license laws p
618
Contract of employment p
619
Performance of services and default of defendant p
622
Description and value of property p
626
Amendment of pleadings p
628
1ssues proof and variance p
629
As dependent on plea answer or affidavit of defense p
634
Evidence Trial and Judgment p
636
Burden of proof p
638
21l Particular facts relating to performance p
642
212
643
Defenses p
645
Admissibility of evidence p
647
214
652
Broker as procuring cause of transaction p656
656
Ability readiness and willingness of customer and default of prin cipal p
657
Value of services p
659
Evidence as to particular facts p
660
Weight and sufficiency of evidence p
661
Particular issues p
665
Performance of services p
672
22l Amount and payment of compensation p
680
Trial in general p
683
Questions of law and fact
685
Employment of broker agreement to pay commission and terms and duration of contract p
688
Performance of services p
693
Fraud misconduct or bad faith p
698
Amount of compensation and time of payment p
700
Judgment and execution p
708
Amount of recovery p
709
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