An agent who shall have discharged his duty shall be entitled to his commission and all necessary expenses incurred about the business of his principal. If he shall have violated his engagement, he shall be entitled to no commission.
(Orig. Code 1863, § 2168; Code 1868, § 2164; Code 1873, § 2190; Code 1882, § 2190; Civil Code 1895, § 3014; Civil Code 1910, § 3586; Code 1933, § 4-212.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, § 233 et seq.
C.J.S.- 2A C.J.S., Agency, §§ 330, 363.
ALR.
- Right of agent to offset his own claim against collection made for principal, 2 A.L.R. 132.
Right of one selling on commission as affected by principal's refusal to fill order, 12 A.L.R. 150.
Rights and remedies upon cancellation of sales agency, 32 A.L.R. 210; 52 A.L.R. 546; 89 A.L.R. 252.
Right, under contract of employment providing for commissions based on amounts collected, to commissions on amounts collected after termination of employment or discharge for cause, upon business effected during term, 65 A.L.R. 993.
Duty and liability of former employee to former employer in respect of transactions or matters pending and uncompleted at termination of employment, 100 A.L.R. 684.
What change affecting corporation satisfies condition of contract providing compensation for effecting sale of corporate stock or a specified change in the corporate structure or organization, 101 A.L.R. 1222.
Employee's or agent's acceptance of bonus, gratuity, or other personal benefit from one with whom he deals on employer's or principal's account as affecting his right to recover wages, salary, or commissions, 102 A.L.R. 1115.
Principal's right to recover commissions paid by him or by third person to unfaithful agent, 134 A.L.R. 1346.
Real estate broker's right to recover damages in tort upon ground that he was wrongfully prevented from earning or collecting commissions, 146 A.L.R. 1417.
Right of agent or broker, employed to sell personalty on commission, to commissions on sales made or consummated by his principal or another agent, 12 A.L.R.2d 1360.
Broker's right to commission where customer repudiates or fails to complete contract or promise which is oral or not specifically enforceable, 12 A.L.R.2d 1410.
What deviation in prospective vendee's proposal from vendor's terms precludes broker from recovering commission for producing a ready, willing, and able vendee, 18 A.L.R.2d 376.
Broker's right to commission on sales consummated after termination of employment, 27 A.L.R.2d 1348.
"Exclusive right to sell" and other terms in real estate broker's contract as excluding owner's right of sale, 88 A.L.R.2d 936.
Personal liability of servant or agent for advances or withdrawals in excess of commissions earned, bonus, or share of profits, 32 A.L.R.3d 802.
Right of mortgage broker to commission where principal violated conditions of agreement, 45 A.L.R.3d 1326.
Measure of damages recoverable by loan broker for breach of brokerage contract, 67 A.L.R.3d 1069.
Validity, construction, and effect of provision in exclusive listing agreement for payment of commission on termination by owner, 69 A.L.R.3d 1270.