Fleming v. Hattan

Citations

• 92 Kan. 948
• 142 P. 971
• 1914 Kan. LEXIS 348

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Agency — Contract with Agent by Husband Alone to “Buy or Sell” Homestead — Performance by Agent — Commissions. The owner of a tract of land occupied as a homestead signed a writing in which his wife did not join, by which he agreed to convey such land to a person named (who was a real-estate agent) for a stated sum, or upon receipt of such sum to convey it to any grantee, and for any recited consideration that such person should designate. It also certified that, for the consideration of $1, he had granted to such person the exclusive option to buy or sell the property for the price stated, during a specified time. Held, (a) that the contract included an employment of the real-estate agent to negotiate a sale of the property, his compensation to be the amount by which the selling price exceeded that named in the agreement; (b) that upon producing a, buyer willing and able to take the property at a price in excess of that fixed in the contract the agent was entitled to a comimission equal to such excess; and (c) that the transaction may be so regarded notwithstanding the agent entered into a written contract with the buyer which recited that he (the agent) was to purchase the property and sell it to the buyer.</p>