Kendall Land Co. v. Eddy

Citations

• 111 Kan. 766
• 208 P. 611
• 1922 Kan. LEXIS 343

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oral Contract — Sale of Land to Unknown Purchaser — Sale Completed— Binding Contract. An oral contract may be made between the owner of land and another representing a purchaser, which, if recognized by the parties interested and treated as a sale by an actual transfer, or by an agreement in writing binding the parties, will constitute a sale, although at the time of the oral agreement the person selling may have no knowledge of the name of the person purchasing.</p> <p>2. Same — Land Listed with Agent for Sale — Independent Sale Made by Owner to Unknown Purchaser — Instructions. Before being notified that his agent had arranged a sale of his land, the owner received an offer for the land by telephone from an agent in another town, and orally agreed upon terms of sale; the sale was confirmed by letter the following day and was afterwards consummated on the same terms. At the time of the conversation over the telephone the owner did not know the name of the purchaser. Held, that instructions were erroneous which charged that in order to make an oral arrangement of that kind binding the contract when carried later into effect, the party selling must know the name of the party wishing to purchase.</p>