Jones v. Hedstrom

Citations

• 89 Kan. 294
• 131 P. 145
• 1913 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Vendor and Purchaser — Contract — Specific Performance. Where a written contract is made between the owner and a proposed purchaser of a' tract of land, in which contract the terms of the transaction are specified in full, and where the purchaser thereafter requests that the deed be made to recite a different consideration than is recited in the contract and the name of the grantee be left blank, the seller is not bound to comply with the request nor is he justified by reason thereof in repudiating the whole transaction, but it is his duty to grant the request or to tender performance in accordance with the contract.</p> <p>2. Agency — Purchaser Found — Owner Refuses to Deed — Agent Entitled to Commission. Where a real-estate agent has a contract with the owner of certain lands that if the agent secures a purchaser for the land at a specified price per acre net to the owner, the implied agreement being that any excess obtained should go to the agent as his commission, and the agent secures' a buyer who executes a contract to buy the land upon the terms prescribed to the agent but at the price of one dollar more per acre than the net price stated, and such purchaser is able and willing to buy the land pursuant to his contract but” the owner refuses without just cause to convey the land; held, that the agent is entitled to recover of the owner as damages a judgment equal to one ■ dollar per acre of the land.</p> <p>3. Attachment — -Judgment — Order of Sale Properly Made. Where in an action for the recovery of money, an attachment is issued and levied upon real estate and the action proceeds to judgment in favor of the plaintiff, no question as to the validity of the attachment having been raised, an order for the sale of the attached property, in case of the nonpayment of the judgment, is properly made.</p>