Crane v. Coons

Citations

• 105 Kan. 214
• 182 P. 554
• 1919 Kan. LEXIS 53

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agents — Contract for Sale of Principal’s Land Executed by Agents — Personal Contract of Agents. A written agreement for the sale of a tract of land by the defendants, who were real-estate agents, to the plaintiff, who was the buyer, and which expressly provided that it was subject to the consent of the owner, is held to have been the personal contract of defendants; and further held, that they were not in any sense agents, for the purchaser, although they took title to the land from the owner for the purpose of enabling them to carry out their contract with the buyer. (McMichael v. Land Co., 104 Kan. 778, 180 Pac. 777.)</p> <p>2. Same — Default of Purchaser — -Specific Performance Denied. In an action brought by the buyer against defendants for the specific performance of the contract referred to in the foregoing paragraph, the plaintiff’s failure to pay the purchase price within a reasonable time after defendants had obtained title and tendered the conveyances will defeat his recovery.</p>