Lyman v. Wagner

Citations

• 90 Kan. 12
• 132 P. 988
• 1913 Kan. LEXIS 147

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Principal and Agent — Purchaser Found — Sale Made — Purchaser Forfeited Contract — Commission Earned. A broker was employed to find a buyer for a tract of land at a fixed price net to the owner, under an agreement that any excess obtained above that price should go to the broker as his commission, and that the commission should be paid out of the first money received on the sale. A purchaser was found, acceptable to the owner, -with whom he entered into an enforceable contract of sale under which a cash payment was made, and the balance of the purchase price was to be paid in two annual installments with the condition that if the payments were not made at stipulated times the owner might elect to forfeit the payments already made. The purchaser failed to make the payments as agreed upon, and the owner thereupon elected to and did declare a forfeiture, but declined to pay the broker the stipulated commission because the contract had not been fully carried out by the purchaser. Held, that the broker had fully earned his commission when, without fraud or concealment, he produced a purchaser who was accepted by the owner and with whom the owner entered into a contract of sale, and he could not be deprived of it because the purchaser did not make the deferred payments at the stipulated times.</p>