Banta v. Newbold
Citations
- 108 Kan. 578
- 196 P. 433
- 1921 Kan. LEXIS 226
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>Specific Performance — Sale of. Land — Contract Made by Real-estate Agent — Contract Void Under Statute of Frauds. Where the owners of land sign a writing authorizing an agent to make a binding agreement for its sale at a net price to them, he to retain any excess as his commission, they agreeing to execute a deed to him or any one he may select, one with whom the agent makes an oral contract for a sale in excess of the minimum price' named cannot maintain an action against the owners for specific performance, because the- requirement of the statute of frauds is not met, by reason of his not being designated in the writing signed by the defendants. And a subsequent written contract between the agent and one of the landowners for the purchase by him of this land and another tract, in which reference is made to his having sold a part thereof to such proposed buyer, does not supply what is necessary to the maintenance of such an action.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- upholding the Michigan Cherry Promotion and Development Program against a constitutional challenge based, in part, on improper delegation
- upholding the Michigan Cherry Promotion and Development Program against a constitutional challenge based, in part, on improper delegation
- cherry producers brought unsuccessful challenge to Michigan Agricultural Commodities Marketing Act, a statute requiring a referendum of affected producers
- cherry producers brought unsuccessful challenge to Michigan Agricultural Commodities Marketing Act, a statute requiring a referendum of affected producers
- Taxes are “exac-tions or involuntary contributions of money the collection of which is sanctioned by law and enforceable by the courts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mason
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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