Brown v. Gilpin

Citations

• 75 Kan. 773
• 90 P. 267
• 1907 Kan. LEXIS 129

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Stranger to a Contract May Not Assert that a New Law Impairs Its Obligation. A would-be buyer of a tract of land who, after the statute of frauds had been amended so as to require, written authority for one to sign the name of another to a real-estate contract, entered into a written agreement for its purchase, which was executed for the owner by an agent whose authority had been granted by parol before the enactment of such amendment, cannot in an action for the specific performance of such agreement question the constitutionality of the new law as applied thereto on the ground that it impaired the obligation of ah existing contract between the owner and his agent relating to such agency.</p> <p>2. CONTRACTS — Sale of Real Estate — Authority of Agent. Communications from the owner to a real-estate broker with respect to the sale of lands will be regarded as giving the agent only the authority usually incident to his employment — that is to say, to find a purchaser — unless a different intention is clearly shown, and no wider power than that is necessarily indicated by the use of the words “to sell” or “to make a sale” in describing the purpose for which the agent’s services are engaged, inasmuch as in common parlance “to sell” is often used as meaning to negotiate or arrange for a sale, and a sale is spoken of as made when its terms have been orally agreed upon.</p> <p>3. -Agent Not Authorized to Execute a Written Contract. A real-estate agent wrote to a landowner saying that he believed he could sell his land and asking its price. The owner answered stating price and terms, and asking him to show it to would-be purchasers and explain to them its advantages. The agent reported that he had an offer at a different price. The owner replied that he had come to a conclusion, if the agent would wait for his commission, and added “then make deed and send to be signed,” stating how he wished the payments made. Held,