Philadelphia Mortgage & Trust Co. v. Hardesty

Citations

• 68 Kan. 683
• 75 P. 1115
• 1904 Kan. LEXIS 162

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Principal and Agent- — Authority to Sell Heal Estate. An owner of real estate which had been leased until the following March for $50, payable October 1, wrote in September to his agent, authorizing a sale of the property for $1200, adding: “It is understood that this year’s rents will come to us.” Held, that this was, in effect, an instruction to sell subject to the lease, and did not authorize a sale for $1200 without a reservation of the rent.</p> <p>2. Damages — Agreementto SellRealEntate. Where, in the course of correspondence regarding the sale of a tract of land, an offer is made and accepted, but the buyer seeks to attach new conditions, and notifies the seller that unless these conditions are agreed to he will not buy, this, as to the buyer, is a reopening of the negotiations, permitting the seller also to impose new conditions, and the buyer cannot recover damages for the seller’s refusal to convey without showing a new agreement reached after such reopening.</p>