AGENTS AND FACTORS. 189

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 14. 1849, ch. 293, sec. 2.

14. Whenever any commission merchant, factor, agent or other con-
signee, shall be discharged under the insolvent laws of this State, no agri-
cultural produce which may have been consigned to him for sale, and which
may be on hand at the time of his application and discharge, not sold to a
fair and bona fide purchaser for a valuable consideration, shall pass to the
trustee of said insolvent, or be in any wise answerable for his debts; but
all such agricultural produce so on hand at the time of such application
and discharge shall be the property of the grower, producer or other owner
who shall have consigned the same.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 15. 1849, ch. 293, sec. 3.

15. Nothing contained in the three preceding sections shall in any
manner impair any right of lien which any commission merchant, factor
or agent may have acquired or be entitled to for advances bona fide made,
either in money or goods, to any such grower, producer or owner, on the
faith and security of such consignment; but such right of lien shall remain
as at common law and mercantile usage.

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 16. 1825, ch. 182, sec. 6.

16. Nothing contained in this article shall deprive any principal or
owner of goods, wares or merchandise, of any remedy at law or in equity,
which he might have against his agent or factor on any matter or contract
between them, or for the violation of any engagement, duty or debt, for
which such agent or factor has heretofore been liable at law and in equity,
subject, nevertheless, to the right of such agent or factor to be allowed the
benefit of any payments of any debt or damages received and paid from
and on such contracts as aforesaid, by any other person or body corporate.

An. Code, sec. 17. 1910, ch. 178 (p. 5).

17. Whenever, in the absence of special agreement to the contrary, a
real estate broker employed to sell, buy, lease or otherwise negotiate real or
leasehold estates or mortgages, or loans thereon, procures in good faith a pur-
chaser, seller, lessor or lessee, mortgagor or mortgagee, borrower or lender,
as the lease 1 may be, and the person so procured is accepted as such by
the employer, and enters into a valid, binding and enforceable written con-
tract of sale, purchase, lease, mortgage, loan or other contract, as the case
may be; in terms acceptable to the employer, and such contract is accepted
by the employer and signed by him, the broker shall be deemed to have
earned the customary or agreed commission, as the case may be, whether
or not the contract entered into he 'actually into effect, unless the per-
formance of such contract be prevented, hindered or delayed by any act of
the broker.

To entitle the broker to commissions, his negotiations must be the ultimate cause
of the sale; he is not entitled to commissions where no sale is made unless the pur-
chaser is able, ready and willing to take the property upon the terms specified. If
no contract of sale is executed between the owner and the purchaser, the broker
must show not only that he procured a person who was ready, willing and able to

1 Evidently a typographical error.