Braniff v. Baier

Citations

• 101 Kan. 117
• 165 P. 816
• 1917 Kan. LEXIS 31

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Binding Contract of Agency to Sell Land Between Owner and Broker. While an agreement by an owner that a broker shall have the exclusive agency to find a purchaser for his land, for a fixed time, upon certain conditions is unilateral when made, the element of mutuality is supplied when the broker accepts its performance by spending time and effort in doing the things that it was contemplated would be done by him under the agreement, and thereafter it is a binding obligation upon both.</p> <p>2. Same — Purchaser Produced — Owner Refused to Sell — Broker Entitled to Commission. Where a purchaser is produced by the broker in substantial compliance with the terms of the 'agreement, and the owner makes no objection to the terms of the offer of purchase or the details of performance/ but simply declares that he does not now desire to and will not sell his land, he is estopped, after suit is brought upon the agreement, to shift his position and defend upon objections to details that the broker might have supplied or corrected if they had been mentioned by the owner when the offer of purchase was made.</p> <p>8. Same — Mistake in Name of Purchaser — Petition Deemed Amended. As the evidence shows that the name of the purchaser was other than that-stated in the petition the pleading’ will be deemed to be amended so as to conform to the proof.-</p>