Haggart v. King

Citations

• 107 Kan. 75
• 190 P. 763
• 1920 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agent ■ — ■ Listing Property for Sale — Not an Exclusive Agency A landowner, by merely listing his property for sale with a broker, does not give the broker the exclusive agency to sell, and such an agency may be revoked at any time.</p> <p>2. Same — Land Sold by Owner — Agent Not Entitled to Commission. Where the owner of land lists his property with a broker who finds a purchaser, but fails to notify the owner until after the owner has sold the property to another, the broker is not entitled to a commission. {Helling v. Darby, 71 Kan. 107, 79 Pac. 1073.)</p> <p>3. Same — Action for Commission — Demurrer to Answer Wrongfully Sustained In an action to recover a 'real-estate broker’s commission an answer admitting that the defendant had listed the property with the plaintiff to find a purchaser, and alleging that before he was notified by the plaintiff that he had found a purchaser, the defendant had sold the property to another, is not subject to demurrer on the ground that it fails to state a defense to the action.</p>