Golden v. Claudel

Citations

• 85 Kan. 465
• 118 P. 77
• 1911 Kan. LEXIS 99

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Real Estate — Brokers’ Authority to Execute Contracts. The written authority of brokers to sell lands contained the following clause: “I . . . F. M. Claudel ... do hereby authorize Mahin & Mahin ... to bargain and sell in my name” the property described, stating the terms of sale. This conferred power on the agents to negotiate for the sale, and to conclude a contract in the owner’s name binding him to make a conveyance, the language quoted not being limited or qualified in any way.</p> <p>2. - Valid Contract. An agreement for the sale of land reciting the names of parties, the sale of the land described, and the consideration and terms of payment, contained the following clause:</p> <p>“Party of the first part is to convey said land by warranty deed and furnish an abstract of title showing said land to be free and clear of all incumbrance and title perfect. Party of the second part is to take said lands subject to the lease now on the same for the year 1906.”</p> <p>It is held that the instrument' created mutual obligations— of the vendor to convey and of the vendee to accept the conveyance and pay the consideration according to the terms stated.</p> <p>3. - Specific Performance — Not .Barred, by Laches of Vendee. The vendee in the contract above referred to delayed the commencement of an action for three years and fifteen days after the repudiation of the agreement by the vendor. During about half of that time an action by the agents of the vendor to recover their commission was pending against him, wherein he interposed as a defense the want of authority of-the agents to conclude a binding contract in his name, which is one of the defenses presented in this action. The vendor stated to third persons that if defeated in that action he would make the conveyance, and this statement was communicated to the vendee. The vendee’s attorneys advised that the commencement of this suit should be delayed until the determination of