Culbertson v. Sheridan

Citations

• 93 Kan. 268
• 144 P. 268
• 1914 Kan. LEXIS 421

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Hale of Real Estate — Agency Established — Purchaser Produced — Sale Completed — Commission Earned. The defendants wrote a letter to a real-estate agent, placing a tract of land in his hands for sale at a net price of • $11.50 per acre, the land to be sold at enough above the price named to pay the agent’s commission. The defendants reserved the right to take the land off the market or to change the price without notice to the agent. The letter came into the hands of the plaintiff, a real-estate agent, who set about to find a buyer. Correspondence with the defendants followed in which the plaintiff’s efforts were recognized precisely as if the letter had been addressed to him. The plaintiff procured a purchaser for the land at the price of $12.50 per acre, and so notified the defendants. Afterwards the plaintiff brought the purchaser and the defendants together and the defendants sold the land to the purchaser for $12.50 per acre, on terms satisfactory to them. Just before the contract of sale was signed the defendants attempted to raise the price to $12.50 per acre net to them. Held, the defendants are liable to the plaintiff for the difference between the net price quoted in the letter and the selling price, as his commission.</p> <p>2. Same — Petition—Facts Inartistically but Sufficiently Stated. The petition set forth informally and somewhat inartistically the facts stated. Motions to strike out, to make more definite and certain, and to separately state and number, and a demurrer, were overruled. When the case was called for trial the defendants were prepared to proceed. All the evidence of both parties bearing upon the transaction involved was produced, and the cause was fully tried. Held, it is of no consequence now whether or not the petition contained irrelevant matter, or presented the plaintiff’s theory of his rights too cloudily or too multifariously, or upon close analysis lacked definite specification of som