Corwin v. Spencer

Citations

• 97 Kan. 762
• 156 P. 711
• 1916 Kan. LEXIS 393

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Real-estate Agent — Fraud—Instructions—Commissions. In an action by Corwin and Wolf to recover commission for effecting the exchange of real property for the defendant, Spencer, where the evidence tended to show that Tate, acting for Corwin and Wolf, secretly agreed to pool commissions with Moseley, the agent of Noah Mortimer, the other party to the exchange, and that Spencer was thereby defrauded of a part of the real property owned by her, it was error to instruct the jury that any secret arrangement between Tate and Moseley with reference to pooling commissions would not be binding on Corwin and Wolf nor defeat their right to recover commission for making the exchange.</p>