Osburn v. Moore

Citations

• 108 Kan. 90
• 193 P. 892
• 1920 Kan. LEXIS 560

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agent — Land Sold — Who was the Proximate Procuring Cause of the Sale — Question of Fact. Where an agent employed to-find a purchaser for real estate obtains an offer on the prescribed terms and reports it to his principal, who tells him he has already negotiated a sale to other persons but that if it falls through the agent can go ahead with his deal, and within a few days thereafter the owner without the knowledge of such agent sells to the same prospect upon his being brought to him by another agent, to whom he pays the commission, the first agent, if he was otherwise to be regarded as the proximate, efficient and procuring cause of the sale, is not barred from a recovery of his commission by the fact that he did not bring his customer to his principal and introduce them.</p> <p>2. Same — Trial—-Instructions. It is held that no error was committed in the giving or refusal of instructions.</p>