Harwi v. Morton

Citations

• 106 Kan. 87
• 186 P. 740

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Between Real-estate Broker and Purchaser — Money Advanced to Broker on Contract Price — Owner Refused to Sell — Broker Liable to Purchaser for Money Advanced. Real-estate brokers entered into a written contract with a proposed purchaser to secure á sale of property at a price and upon terms that were stated, in which contract the name of the owner was not disclosed. The proposed purchaser advanced to the brokers a payment as part of the purchase price of the property, but the owner declined to convey the property or enter into a contract of sale with the purchaser, and the brokers refused to refund to the proposed purchaser the advanced payment which they had received. Held, that they were liable to the proposed purchaser for the payment made to them.</p> <p>2. Same — Free from Ambiguity. The written contract is held to be free from ambiguity, and no error was committed in excluding testimony ' as to the intent of the parties in making it.</p> <p>3. Same — Unnecessary Party Defendant. In bringing an action to recover the advanced payment, it was not essential that the plaintiff should make the owner of the property a party defendant.</p>