Hoffhines v. Thorson

Citations

• 92 Kan. 605
• 141 P. 253
• 1914 Kan. LEXIS 288

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agent — Acting in Dual Capacity — Commissions. A real-estate agent who represented both parties in an exchange of merchandise for land can not recover a commission from either without showing that both were fully apprised of the situation and had knowledge of every circumstance •connected with his employment in so far as the same would naturally affect his action as agent.</p> <p>2. Same. It is not enough that one principal be willing that the agent act for the other also. It must appear that such dual agency was fully known and freely consented to by both.</p> <p>3. Same — Pleadings—Trial—Demurrer to Evidence. In an action to recover commission from one principal it was alleged that the plaintiffs acted for both with the knowledge and consent of each, but the evidence failed to show such knowledge. Held, that a demurrer to the evidence should have been sustained although fraud was not pleaded in defense to the action.</p>