Crosby v. Livingston

Citations

• 105 Kan. 418
• 185 P. 284
• 1919 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Land — Authority of Agent to Make Contract — Action to Recover Earnest Money — Evidence—Demurrer. The evidence examined, and held sufficient to prove plaintiff’s cause of action, under the favorable light in which it is entitled to be considered as against a demurrer thereto.</p> <p>2. Agency — When Denial of Agency under Oath Unnecessary. Where the fact of agency is not intended to be denied, but is conceded by the pleadings of both plaintiff and defendant, there is no occasion for a denial of the agency, under oath or otherwise.</p> <p>3. Same. Allegations touching the execution of instruments whose authenticity is to be admitted unless denied under oath are those which purport to bind the party against whom they are pleaded, and need no verified denial from those not concerned therewith.</p> <p>4. Same — Agent Exceeding His Authority — Personal Liability of Agent. An agent who exceeds his authority in making a contract and whose principal declines to be bound thereby, renders himself liable to the third party with whom 'he made the unauthorized bargain.</p> <p>5. Agency — Pleadings—When Issue is Raised. Where the nonliability of an agent depends upon the truth of matters pleaded by him in his affirmative defense, an issue is raised which, to be effective, must be established by evidence.</p>