Schuhmacher v. Lebeck

Citations

• 103 Kan. 458
• 173 P. 1072
• 1918 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — -To Sell Land — Agent Purchasing for Himself — Specific Performance Refused. A letter from the owner of land in reply to an inquiry as to his. price therefor, stating terms of sale, the person addressed to make his commission from the buyer, does not amount to an offer to sell the land to such person, but merely makes him the owner’s, agent to find a purchaser on the terms named.- And such agent cannot, by reporting that he has sold the land on such terms, compel its conveyance to himself.</p> <p>2. SaMe. An attempt by the agent in such a case to purchase the land for himself, without disclosing to his principal that he is the buyer, is-within the rule which forbids a selling agent to buy for himself, notwithstanding he was to receive as a commission whatever price the land brought over a fixed sum.</p>