Plaintiff was employed by defendant to find a purchaser for lands, and was also under an agreement with certain prospective purchasers by which he was to participate with them in the advantages of the purchase if made; he induced these purchasers to inspect the lands, and on their objecting to the price, defendant, unknown to them, included the plaintiff's commissions from defendant, urging them to make the purchase, and finally induced them to agree to do so; afterwards, when they discovered the dual character of plaintiff's agency, they refused to consummate the contract and defendant refused to pay plaintiff commissions, whereupon he brought suit therefor. Held, that a charge that if defendant employed plaintiff to find a purchaser at a price which would be satisfactory to defendant and the purchaser, defendant could not defeat the action by proof that plaintiff was also to be paid for his services by the purchaser, was erroneous. Green v. Southern States Lumber Co., 141 Ala. 680, 37 S. 670. See also Sec. 314.