Manker v. Tough

Citations

• 79 Kan. 46
• 98 P. 792
• 1908 Kan. LEXIS 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales—Authority of Agent. An agent employed to sell real estate, and not authorized to execute a contract of sale or to execute an instrument of conveyance, is only an agent to find a buyer.</p> <p>2. -Contract between Principal and Agent—Joint Venture. A contract between a real-estate agent and a landowner that if the agent find a purchaser for the land he shall have as compensation for his services the amount the land sells for above a certain price is an agency contract, and not a joint adventure.</p> <p>3. Contracts—Legality—License-tax. Where, under the statute which authorizes cities of the third class to impose a license-tax upon “real-estate agents,” the council of such a city enacts an ordinance imposing a license-tax upon the business of “real estate,” and a real-estate agent thereafter continues to conduct his business within such city without a license and in such business makes a contract to find a buyer of real estate for a compensation, such ordinance does not render the contract illegal and void.</p> <p>4. Statutory Construction — Penal Ordinance — Legality of ■ Contract. In a civil action to which the city is not a party, where a breach of such ordinance is invoked for the purpose of avoiding a contract between the parties, the ordinance will be strictly construed.</p> <p>5. Practice, District Court—New Trial. The allowance or denial of a motion for a new trial, filed after a general verdict in a district court, is largely a matter of judicial discretion as to the findings of fact and the weight of evidence involved in the verdict; but alleged errors of law occurring upon the trial are not matters of discretion, and are fully subject to review in this court.</p>