Karr v. Moffett

Citations

• 105 Kan. 692
• 185 P. 890
• 1919 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agent — Commission Not Earned — Evidence. The evidence examined, and held insufficient to support a cause of action on a special contract for an agent’s commission on a sale of real estate.</p> <p>2. Same — Special Contract for Commissions — Ordinary Buie of Bight to ' Commissions Not Applicable. The ordinary rule that a real-estate agent is entitled to his commission when he procures a purchaser who is ready, willing, and able to buy, or when he brings a buyer and seller together, who make a bargain on different terms than those theretofore dictated to the agent, does not apply where the agent’s commission is governed by a special contract between him and his principal.</p> <p>3. Same — Under Special Contract — Commissions Were Not Earned. The owners of a ranch listed it with an agent for sale at $35 per acre net to them, and stipulated that the agent must procure his commission out of some addition to that price. Later, the owners told the agent, “In the event you could only get a $35 offer on this ranch, it might be that we could adjust some commission.” The agent endeavored to interest one Anderson in the ranch, and Anderson promised to consider it. The agent never succeeded in selling the ranch, and never succeeded in obtaining an offer of $35 an acre from Anderson or any other person. Some three months later, Anderson bought the ranch directly from the owners for $35 per acre. The record shows no bad faith or unfair dealing on the part of the owners towards the agent. Held that, under the special contract governing the agent’s right to a commission, the owners of the ranch were not liable.</p>