Reversed. Scheerer was Fisher’s agent. The authority of an agent need not be in writing. The court will look to the nature of the relationship. It was clear from the original sale contract, which fell apart, that Fisher recognized Scheerer as his agent and was going to pay him a normal commission for his services. The fact that there was not a separate, written agency contract between Fisher and Scheerer does not mean that an agency did not exist. Scheerer may recover, in quantum meruit, for the value of the services he rendered to Fisher by identifying property that Fisher wished to buy. Fisher, as a professional in the real estate market, knew that Scheerer was an agent and should be compensated