Schwartz v. Meschke

Citations

• 92 Kan. 650
• 141 P. 175
• 1914 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Action for Commissions — Affirmative Defense Not Permissible under General Denial. In an action by real-estate agents to recover a commission for procuring an exchange of defendant’s property, an answer consisting of a general denial will not entitle the defendant to prove the affirmative defense that plaintiffs at the same time were representing the other party to the exchange.</p> <p>2. Same — Dual Agency — Instruction. On the facts stated in the opinion, it is held that the court rightly refused to instruct upon the question of dual agency.</p>