Nuckles v. Tallman

Citations

• 106 Kan. 264
• 187 P. 654
• 1920 Kan. LEXIS 499

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. AGENCY' — Sale of Land — Authority of Agent to Make Contract with Prospective Purchaser — Dual Agency. Where the owner of land writes to a real-estate broker, who is acting in his behalf, the terms on which he is willing to sell it, the circumstance that the broker, without his knowledge, is also acting as the agent of the prospective purchaser cannot convert the negotiations between the owner and his broker into a contract for the sale of the land which can be specifically enforced on the demand of the would-be buyer.</p> <p>2. Contract — Specific Performance — Rights of Holder of Unrecorded Deed. Where an action affecting title to real estate is brought against the record owner after he has executed a conveyance thereto and before it has been recorded, if the grantee intervenes therein before judgment, he is not precluded by his delay in putting his deed on record from making a defense on the ground that he bought and paid for the property without actual or constructive notice of the plaintiff’s claim.</p>