Babbit v. Central Life Insurance

Citations

• 93 Kan. 564
• 144 P. 837
• 1914 Kan. LEXIS 471

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Insurance — Agency Contract — New Oral Contract Made — Commissions Under Old Contract Waived. An oral agreement upon the terms of a new agency contract between an insurance company and its solicitor of business under a former contract was made with the understanding that the contract should be written by the officers of the company and sent to the agent for his signature. The agent immediately commenced work under the new agreement, and continued for more than a month, when he wrote to the secretary to forward the contract. The request was complied with. It contained, among other provisions, the stipulation “that this agreement effects the termination of all previous contracts . . . except that said Babbit is to retain his renewal interest in business written prior to January 1, 1911, so long as he remains in the employ of said first party.” After receiving, reading and considering the instrument the plaintiff wrote to the secretary: “I will assure you that it is all right exactly as agreed on,” and continued to do business undey the new agreement, receiving its benefits, and making no objections for nearly two months longer, when he entered into the employment of another company, and thereafter demanded commissions due under the old contract, but which were terminated by the clause of the new contract above quoted, which, however, he had not signed.</p> <p>It is held that a conclusion of the referee that the plaintiff did not waive any of his rights to commissions under the old agreement can not be sustained.</p>