Johnson v. Huber

Citations

• 80 Kan. 591
• 103 P. 99
• 1909 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Offer and Acceptance — Letters—Listing of Real Estate with Agent. A letter written by a real-estate agent to the owner of land asking if the land was for sale and at what price, and stating the commission the agent would charge to procure a sale, together with the letter of the landowner in reply, construed and held to constitute a contract authorizing the agent to list the land for sale at a certain price and binding the owner to pay a commission in case the agent procured a purchaser able and willing to buy at the terms stated.</p> <p>2. - Action for Commission — Petition. In an action to recover a real-estate commission a petition which sets forth the written correspondence of the parties showing the making of a contract of the nature referred to in the foregoing paragraph, and alleges that the plaintiff procured a purchaser able and willing to take the land at the defendant’s terms, but defendant declined- to convey the land and refused to pay the plaintiff’s commission, states a cause of action.</p>