A real estate broker contracted for his principal to purchase land for a certain amount and assume the incumbrance as part of the consideration; the record of the mortgage on the land, while showing the rate of interest ordinarily borne by the notes secured by the mortgage, did not show that past due notes and installments of interest bore an increased rate of interest; the broker did not ascertain this fact and overpaid the vendor in consequence. Held, that the broker was guilty of negligence rendering him liable for the overpayment. Hindricks v. Brady (S. D. Sup. '06), 108 N. W. 332; reversed and modified Sec. 270a.