Morley v. Wilson

Citations

• 109 Kan. 603
• 201 P. 81
• 1921 Kan. LEXIS 333

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Real-estate Dealer’s Commission — Verdict Must Respond to Issue Defined in Instructions. In an action for a real-estate dealer’s commission, the only issue was whether the plaintiffs were to receive the sum of $700 for their services in finding a buyer for defendant’s farm, which was admittedly the original amount agreed upon'between the parties, or whether, because the defendant had to extend time to the buyer, the plaintiffs had later agreed with defendant that their commission should be $300. The trial court instructed the jury to that effect but the jury returned a verdict for $500- which the court declined to receive. The court repeated its instructions that the verdict should be for the plaintiffs for $700 or for $300, as the jury in their discretion might determine, and that this matter was the only disputed issue of fact which the jury had to decide. The jury again retired and then brought in a verdict for $700. Held, that it was proper for the court to decline to receive their first verdict and to require them to return and bring in a verdict responsive to the issue as defined by the court, and that the jury’s discretion did not extend to the rendition of a verdict at variance therewith.</p>