Kershaw v. Schafer

Citations

• 88 Kan. 691
• 129 P. 1137
• 1913 Kan. LEXIS 402

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Principal and Agent—Sale of Land—Greater Price Offered to Agent—Bad Faith. Generally an agent employed to find' a buyer for land who has received an offer from a prospective-buyer therefor, has communicated such offer to his absent principal and has received an acceptance from the principal, may, if he has no knowledge of a better offer, communicate-such acceptance to the prospective buyer and close the deal! so far as his duties are concerned. Thereafter he may engage as agent for the purchaser and resell the land at an-advanced price. If, however, the agent has information at. any time before communicating the acceptance to the prospective buyer that a greater price can be had for the land' than he communicated to his principal, then it is his duty, in-the exercise of good faith, not to communicate the acceptance-to the buyer, but to secure the higher offer for his principal! and advise him thereof.</p> <p>2. -Instruction — Misleading—Not Prejudicial—Findings. An instruction which might be misleading but which has bécome immaterial by reason of the findings of the jury is not a ground for granting a new trial.</p>