Avery v. Howell

Citations

• 96 Kan. 657
• 153 P. 532
• 1915 Kan. LEXIS 457

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Conflict of Testimony — Question for the Jury. The rule in Acker v. Norman, 72 Kan. 586, 84 Pac. 531, is again followed, and there being some evidence to support defendants’ case, held, it was error to sustain the demurrer.</p> <p>2. Action — Agent’s Commission — Trial—Ignoring Second Defense — • Error. In an action to recover a real-estate agent’s commission, the answer set up, first, plaintiffs’ fraud, whereby defendants were induced to make an agreement with a third party fór an exchange of properties; second, that such third party was not ready, able and willing to carry out the agreement; held, error to ignore the second defense and to submit only the defense of fraud.</p>