Hutton v. Stewart

Citations

• 90 Kan. 602
• 135 P. 681
• 1913 Kan. LEXIS 272

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Broker — Purchaser Produced — Contract Made —Commission Earned. Ordinarily a real-estate broker has earned his commission when he has produced a customer with whom his principal enters into an enforceable contract for the sale of the land, although the title does not actually pass. After the principal has entered into such a contract, not being induced thereto by any deceit on the part of the broker, he can not avoid liability for a commission by showing the inability of the buyer to carry out his agreement.</p> <p>2. - Exchange of Lands — Contract for Commission from Both Parties. Under a contract for the exchange of lands, which provides that each party shall pay a broker’s commission of a stated amount, and that the right to the commission shall not be affected by any failure of the parties to perform their .respective parts, neither party can be relieved of liability to the broker by any default of the other.</p> <p>3. - Contract Made for Benefit of Third Party — Third Party May Enforce it. A broker who is described in such a contract as a party to it may invoke the benefit of its provisions, although he has not signed it.</p> <p>4. Appeal — No Pleadings Filed by Defendant — Judgment on Preliminary Statements — Warranted. In an . action begun originally in a city court, and brought to the district court by appeal, where no pleading has been filed by the defendant, if the preliminary statements of counsel disclose that there is no substantial controversy concerning the actual facts, and that the rights of the parties depend upon the effect to be given to a written contract, the court is justified -in rendering judgment thereon.</p>