Rollison v. Blakemore

Citations

• 111 Kan. 695
• 208 P. 557
• 1922 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Agency — Sale oj Real Estate — Sale Made — Commission Earned. In an action to recover a real-estate broker’s commission the defense was that the commission was to be paid only on condition that a purchaser was found who would make certain payments in cash. There was no dispute over the fact that the plaintiff found a purchaser with whom the defendant made a contract for an exchange on terms satisfactory to himself, taking the purchaser’s notes secured by mortgage on the land without providing for a cash payment, and promised to pay plaintiff the commission as soon as he could cash one of the notes. Later he denied that he owed the plaintiff anything. Held, that the court was justified in finding that the parties understood that plaintiff was to wait only a reasonable time for the payment of his commission and that when defendant refused to pay and denied liability plaintiff could maintain an action to recover.</p>