Gregory v. Kennedy Bros.

Citations

• 82 Kan. 565
• 109 P. 400
• 1910 Kan. LEXIS 307

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Agent’s Commission — Land Listed with Different Brokers — Procuring Cause of Sale. A landowner listed his land for sale with the plaintiff and also with the defendants. The plaintiff procured a purchaser, and induced him to go and see the land and to purchase. The defendants interfered and took the purchaser .to the owner, who asked them if the customer was not the customer of the plaintiff. They said he was not, and, by misrepresentations to the owner and the purchaser, prevented the plaintiff from closing the sale and consummated it themselves. Upon these facts it is held, in an action between the agents to recover the commission, that the plaintiff was the primary, proximate and procuring cause of the sale and entitled to the commission.</p>