Madden v. Cheshire Provident Institution

Citations

• 77 Kan. 415
• 94 P. 793
• 1908 Kan. LEXIS 279

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Acting for Opposing Parties. The good faith which underlies the law of agency prohibits a person from acting as the agent of opposing parties. Held, that the agents of the owner in this case were not the agents of the plaintiff for any purpose in connection with the sale and purchase of the real estate.</p> <p>2. Contracts — Sale of Real Estate — Breach—'Damages. The owner of real estate in Kansas resided in New Hampshire. His agents in Kansas had authority to secure a purchaser, and wrote to him submitting an offer by the plaintiff to purchase at a certain price. He replied authorizing his agents to accept the offer and enclosed deeds conveying the property to the plaintiff. Before his action had been communicated to the plaintiff the agents received from another person a better offer, of which they informed their principal, and which he accepted. The real estate was sold and conveyed under the second offer. Held, that the plaintiff had no cause of action for damages against the owner or the agents.</p> <p>3. - Offer and Acceptance. Under the facts stated in the preceding paragraph there was no acceptance of the plaintiff’s offer. The letter of instructions and the deeds were as much in the owner’s control while in the hands of his agents as though they had never left his own possession. So long as the acceptance had not been communicated to the proposed purchaser it was within the power of the owner to revoke it.</p> <p>4. Agency — Duty to Principal — Liability to Third Parties. The agents of the owner were bound to inform him of any increase in the value of the land which was unknown to him when he fixed the price; and, being under no obligation to the plaintiff, the latter cannot maintain an action against them based upon their performance of a duty whi.ch they owed to their principal.</p>