Brigham v. Carpenter

Citations

• 110 Kan. 104
• 202 P. 976
• 1921 Kan. LEXIS 174

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agent — Commissions—Express Contract Proven. Where the petition in an action for a real-estate agent’s commission declared upon an implied contract that the defendant vendor should pay the usual and customary commission for services in effecting a sale of real property, and the answer denied liability on an implied contract but pleaded that the agent’s services were to be compensated under a special contract for the amount of which defendant offered to confess judgment, and the plaintiff’s reply, while denying the matters set out in the answer, alleged that even if such matters were trae the plaintiff was entitled to interest on the sum confessed to be due, it is held that the pleadings construed together properly raised an issue on the question whether defendant should be bound upon the implied contract set up by plaintiff or the express contract alleged by defendant; and held, that under the pleadings and the evidence a recovery against defendant on an express contract was correct.</p> <p>2. Same — New Trial Properly Denied. Errors in instructions, denying a new trial, and in rendering judgment for plaintiff, examined and not sustained.</p>