Lorts v. Herbert

Citations

• 113 Kan. 113
• 213 P. 811
• 1923 Kan. LEXIS 343

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Real-estate Broker — Employed to Sell Oil and Gas Lease — Purchaser Produced — Contract Made — Commission Earned. Where a real-estate broker was employed to sell a gas and oil lease on a farm, his commission to be all he could get above a stipulated price, and he produced a purchaser who. made a contract with the owner for the purchase of the lease at a price named by the broker and on terms agreed to by vendor and vendee, such transaction was a sale and the broker’s commission is due thereon; nor was. such transaction reduced to a mere option because the vendor’s written lease and the purchaser’s cash payment were deposited with a bank upon an understanding that the vendor should receive the cash payment when the abstract was approved, and that if the abstract were not approved the money should be returned to the purchaser, nor because of the further understanding that if the balance of the purchase price were not paid within the time allowed the lease should be surrendered to the vendor.</p>