Gould v. Stewart

Citations

• 111 Kan. 41
• 206 P. 309
• 1922 Kan. LEXIS 168

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agent — No Completed Contract — No Commissions — Unsatisfactory Abstracts. A real-estate dealer contracted with the defendant to find him a purchaser or one who would exchange lands with him — no commission to be paid unless the deal should be consummated. He found one with land to exchange who furnished abstracts of title which the attorney for the defendant refused to approve. Held, that it was not the defendant’s duty to return such abstracts for completion and correction, in order to avoid liability for the commission.</p> <p>2. Same — Retention of Abstracts. As good faith is always requisite in such transactions as the one indicated in the preceding paragraph, and as an instruction on the subject was requested by the defendant, it was not error to charge as to the good faith-of the defendant.</p> <p>3. Same — Contract Relating to Commissions — Signature of Parties. The location of the signatures to a contract is not material provided they are attached with the understanding that all the provisions of the instrument are to be binding.</p> <p>4. Same — Abstracts—Reliance on Advice of Attorney. Under the facts shown it was error to refuse an instruction that the defendant had a right to rely on the advice of his attorney, who declined to approve the abstracts, and refuse to carry out the trade.</p>