Beougher v. Clark

Citations

• 81 Kan. 250
• 106 P. 39
• 1909 Kan. LEXIS 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agent’s Commission — Procuring a Customer. Where the owner of land lists it with a Broker under an agreement to pay a commission provided the latter finds a buyer at a given price, the broker is entitled to his commission when he has produced a purchaser able and willing to take the property at the terms named, and is not required to procure from the purchaser a binding contract.</p> <p>2. - Independent Brokers — Procuring Cause of Sale. Where property-is placed in the hands of several brokers for sale, the owner is bound to pay the broker who is the primary, proximate and procuring cause of the sale, although the sale is consummated by another broker on different terms. (Votaw v. McKeever, 76 Kan. 870.)</p> <p>3. -Negotiations Opened by One Broker — Sale Closed by Another. In such a case, where a prospective purchaser has been introduced to the owner by one broker and the negotiations are pending and have not fallen through, the owner can not, with knowledge of the facts, complete the purchase with another agent and avoid his liability'for the commission due to the first broker.</p>