Jeffries v. Robbins

Citations

• 66 Kan. 427
• 71 P. 852
• 1903 Kan. LEXIS 76

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Practice, District Court — Judgment on Pleadings. Where an action is brought on an alleged contract, and, after the defendants plead denying the contract, the parties stipulate that whatever contract was made is contained in letters attached to the stipulation, and the defendants move the court for judgment on the pleadings and stipulation, it is the duty of the court, if the letters do not establish a contract, to sustain the motion.</p> <p>2. Agency — Sale of Realty — Fraud—Forfeiture of Commission. It is the duty of one acting for another in the sale of real estate, whether for compensation or otherwise, faithfully and truthfully to make known to his principal all matters pertaining to the transaction, and, if he violates this duty and fraudulently misrepresents the facts concerning his transactions, and undertakes to derive an advantage therefrom to himself, he forfeits any compensation that would otherwise be due him, and all gain made thereby belongs to his principal.</p>