Kirshner v. Brown

Citations

• 78 Kan. 531
• 96 P. 848
• 1908 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Agent’s Commission upon a Sale of Beal Estate. Where one has charge of real estate under an agreement that he shall have the exclusive agency for its sale and as a part of his compensation for his services shall receive a percentage of the price if it is sold, no matter by whom, a contract executed by the owner granting to a third person a right to sell the property and retain all the proceeds over a certain price as a commission does not amount to a sale in such a sense as to entitle the original agent to the specified percentage of such price.</p> <p>2. -Same. Where under the circumstances stated in the foregoing paragraph the original agent, upon the execution by the owner of the second contract, treats his own employment as ended and sues at once for such percentage, his case is not aided by the fact that afterward the second agent finds a buyer for a part of such property upon such terms as to yield the owner the specified amount, and upon the consummation of such deal receives a deed to the remainder of the property as his commission.</p> <p>3. - Same. Under such circumstances the matter is not. affected by the consideration that under the second contract, the agent therein named agrees to plat the land and offer it for sale in small tracts, under an agreement that whenever the fixed amount is paid to the owner the unsold portions shall be deeded to him, he, however, assuming no absolute obligation either to buy himself or to find a buyer.</p>