Schlesener v. Mott

Citations

• 107 Kan. 41
• 190 P. 745
• 1920 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Agents — Utmost Good Faith Owed to Their Principal. Agents employed by a landowner to sell or exchange properties for an agreed commission, owe their principal the utmost good faith and loyalty while their agency exists, and if they violate their duty and obligation to him by concealing information as to the prices of property, and by misrepresentation and fraud obtain a profit to themselves in excess of the agreed commission, they forfeit their right to the commission and render themselves liable for the damages suffered by the principal through their bad faith and breach of duty.</p> <p>2. Same — Findings of Fraud — Sustained by Evidence. The findings of the jury as to the misrepresentation and fraud of the defendants, are held to be sustained by the evidence.</p> <p>3. Trial — Trial Court May Correct Manifest Errors in Findings. It is competent for the trial court to correct a manifest error in the findings and verdict of the jury as to the amount of damages sustained by the injured parties.</p> <p>4. Trial — Illness of Juror — Delay of Trial — Judicial Discretion. After the evidence had been concluded a juror became ill and the court thereupon continued the case for a number of days until the juror had recovered from his illness, and then resumed and finished the trial of the case. Held, that such a continuance was within the discretion of the court and, as no prejudice appears to have resulted from the action, it affords no ground for a reversal.</p> <p>5. Judgment — Modified as to Amount of Judgment. As one item of credit was not allowed by the jury to the defendants, a modification of the judgment to that extent is directed.</p>