Sandefur v. Hines

Citations

• 69 Kan. 168
• 76 P. 444
• 1904 Kan. LEXIS 228

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Agency— Commission for Sale of Seal Estate. A broker employed to sell' land is entitled to his commission when he is the procuring cause of a sale and has produced a buyer who is ready, willing and able to pay the agreed price and to consummate the sale.</p> <p>- Change of Seasons by Owner after Action Begun. Where a party bases his refusal to consummate a sale of property in accordance with an alleged agreement upon one ground, he cannot, after litigation has begun, change his position and defend such refusal upon another and wholly different ground.</p> <p>-Evidence Sufficient to Show Authority and Sale by Agent. Upon an examination of the testimony in the record, it is held, that it fairly tended to show the employment of an agent by the owner of land to procure a purchaser, and that the agent did produce a purchaser ready, willing and able to complete the purchase on the authorized terms.</p>