McMichael v. Crawford

Citations

• 104 Kan. 778
• 180 P. 777
• 1919 Kan. LEXIS 358

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of Land — Personal Contract of Agent Made with Purchaser— Landowner Not a Party Thereto. A written agreement respecting the sale of a tract of land, which was entered into between the buyer and a real-estate agent with whom it had been listed, and which was expressly made subject to the consent of the owner, is held to have been the personal contract of the agent, to which the owner was not a party, and its character in this respect is held not to have been changed by the owner deeding the land to the agent for the purpose of enabling him to carry it out.</p> <p>2. Same — Acts of Purchaser Defeat His Action for Specific Performance. In an action brought by the buyer against the agent for the specific performance of the contract above referred to, it is held that an attempt on the part of the plaintiff to buy the land through other agents, who brought an action against the owner for- the specific performance of a contract obtained from him by fraud, in which a temporary injunction was granted forbidding the transfer of the land,’ whereby the matter was tied up for some two years, was such a violation of his obligation to the defendant — the agent with whom he had made the original contract — as to defeat his recovery.</p>