AGENTS AND FACTORS 193

A broker held to be entitled to commissions on amount received as a credit on the
contract price of property; waiver by contract Althouse v Watson, 143 Md 655.

Cited but not construed in Carrington v Graves, 121 Md 572

Contract for loan effective on enforcing contract for sale of property, etc, took
agreement out of class of "binding and enforcible contracts" under this section DeCrette
v Mohler, 144 Md 151.

This section does not apply in cases of sale of real estate and personal property with
nothing to show what was paid for either when considered separately Mullineaux v
Voltz, 150 Md 117

Direct agreement of vendor and vendee does not disentitle broker to commissions
if evidence shows he procured purchasers Buchholz v Gorsuch, 144 Md 64

In action by attorney for commission in procuring one willing to lend money, held
that there could be no recovery, since plaintiff failed to assert claim for such services
when asked by defendant as to expenses involved, there being no evidence of promise,
express or implied, to pay commission for procuring loan No contract whereby com-
pany obligated itself to make loan Bregel v Cooper, 161 Md 420.

Cited but not construed in Schapiro v Chapin 159 Md 420.

As to real estate broker, see Art 56

An Code, 1924, sec. 18. 1922, ch 381, sec 18

18. Any person or persons, engaged in any mercantile, trading or manu-
facturing business as an agent or agents, or doing business in any name or
under any title or designation other than his or their own name or names,
shall, within thirty days from June 1, 1922, or thereafter prior to com-
mencing such business, file in the office of the Clerk of the Circuit Court
for the county wherein such business is conducted, or in the office of the
Clerk of the Superior Court of Baltimore City, if such business be located
in said city, a certificate in writing, under oath, disclosing the true and
correct name or names and the address or addresses of the principal or
principals or true owner or owners of the said business, the character and
location thereof and the name, title or designation under which said busi-
ness is conducted, the form of which certificate shall be as follows:

State of Maryland, C of ss.:

I, or we, hereby certify that....................................

residing at......................................... is, or are, the

owner, or owners, of the business of..............................

located and conducted at........................................

in the city, or town, of..........................................

in the county of..............................................

in the State of Maryland, in the name, or under the style, title or desig-
nation of.......................................

(Signed)

Sworn to and subscribed before me this..................... day of

.................... 19....

(Official title. )

the oath to which certificate may be taken before any officer authorized
under the laws of this state to administer the same

This section and section 20 have no application except to protect creditors Unfair
competition between taxi companies Mundon v Taxicab Co, 151 Md 455

Where agent or consignee fails to file certificate required by this section, merchandise
held by him passes to his trustee in bankruptcy Business within terms of this section;
this section brings case within provision of Bankruptcy Act In re Eichengreen et al
18 Fed (2nd), (D Ct Md), 101

Agreement whereby automobiles were left on consignment with one later becoming
bankrupt, to be exhibited and sold by him, held not to be void as against creditors
under this section and sec 20, sec 9 exempting from operation of these sections goods
consigned. In re Sachs, 31 Fed (2nd), 799

8