Owen v. Spangler

Citations

• 111 Kan. 484
• 207 P. 772
• 1922 Kan. LEXIS 282

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ^Real-estate Agent — When Commission is Earned. Where a real-estate agent is employed to find a purchaser ready, able and willing to buy on terms acceptable to the seller, it is not required in order to earn his commission that he bring the parties together personalty or introduce them, nor is it the law that in order to earn his commission he must procure a binding contract signed by the purchaser.</p> <p>2. Same. In this case land had been listed on certain terms for sale. The agent procured a purchaser at terms slightly different and communicated the fact to the owner who, on April 21, telegraphed in reply, “will take offer and vacate May fifth, sooner if possible.” He was informed by letter that the terms stated in his telegram were satisfactory to the purchaser, and that there was no need of a written agreement. The purchaser was ready, able and willing to complete the sale; the only reason it fell through was because the defendant insisted upon the purchaser signing a written contract, dated about April 27, providing for possession to be given-within thirty days from that date, or sooner if possible. Held, that the agent had earned his commission when he brought the parties together upon terms agreeable to them, and that the seller could not relieve himself from liability to his agent by insisting upon different terms which prevented a Sale.</p> <p>3. Same — Verdict jqr Plaintiff Erroneously Set Aside. Because, upon the undisputed facts, it is apparent that the court set the verdict aside and granted a new trial on a mistaken view of the law, the judgment is reversed and .the cause remanded with directions to enter judgment on the verdict.</p>