Ratliffe v. Cease

Citations

• 100 Kan. 445
• 164 P. 1091
• 1917 Kan. LEXIS 346

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Agency — Exchange of Realty — Fraud of Agent — Forfeiture of Commissions — Agent’s Additional Liability. The plaintiff contracted with the defendant for one hundred dollars to procure for her an exchange of her property for that of another, and fifteen hundred fiollars to' boot. He arranged with the other party to pay the plaintiff five hundred dollars and the defendant one thousand dollars, but reported to the defendant that a thousand dollars was the most boot he could get such party to pay, assuring her that he was working for her interest. The defendant contracted to exchange for one thousand dollars. Before final delivery of the' papers she learned that this party was to pay the plaintiff the five hundred dollars, but went ahead with the trade. The plaintiff sued for his commission of one hundred dollars. The defendant set up the fraud and counterclaimed for five hundred dollars damages. Held, that by his conduct the plaintiff lost all right to his commission and became liable to the defendant for the five hundred dollars.</p>