Johnson v. Dysert

Citations

• 70 Kan. 730
• 79 P. 652
• 1905 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency —Action for Commission — Incompetent Evidence. In an action by a real-estate broker to recover commissions for the sale of a farm the seller defended on the ground that another agent induced the purchaser to buy. The purchaser was called as a witness and asked who, as agent, induced him to enter into the negotiations and contract. Held, that an objection to the question was properly sustained, for the reason that it called for an inference drawn by the witness from his own mental processes, and did not relate to an existing fact.</p> <p>2. - Cases Followed. The cases of Eggleston v. Austin, 27 Kan. 245, and Latshaw v. Moore, 53 id. 234, 36 Pac. 342, followed.</p>