California, United States of America
The following excerpt is from Metzenbaum v. R. Associates, 188 Cal.App.3d 202, 232 Cal.Rptr. 741 (Cal. App. 1986):
"THE COURT: Assume Never versus King [Never v. King (1969) 276 Cal.App.2d 461, 81 Cal.Rptr. 161] teaches us that--assume that the going to another broker was a breach, assume that is true. And assume that as a result, that is a breach or repudiation of his agreement, the defendant's agreement with your client. That does not relieve your client of the burden of proving that he in fact has either performed or that the lender produced would perform so that he could show that he is entitled to the commission." (Italics added.)
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