Shepherd v. Whitmore

Citations

• 107 Kan. 295
• 191 P. 299
• 1920 Kan. LEXIS 63

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Real Estate — Property Listed With Agent — Agent Without Authority to Make Binding Contract with Purchaser. Correspondence between a real-estate broker and the executor of an estate with authority under the will to sell real property, is held to show a mere listing of the real estate with authority in the broker to find a purchaser, and held that a written contract made by the broker with a purchaser is not binding upon the executor, and (following Haggart v. King, ante p. 75; Wiggam v. Shouse, 105 Kan. 637, 185 Pac. 896, and authorities cited in those cases) further held that the broker had no authority to bind the executor by a written contract with a purchaser.</p> <p>2. Same — No Ratification of Contract by Principal. In an action to enforce such a void contract, it is held that the evidence is sufficient to sustain a finding that the executor had not ratified the contract.</p> <p>3. Same — Cancellation of Deed and Release of Mortgage Properly Decreed. The evidence is further held to sustain a judgment for the cancellation of the executor’s deed which the purchaser obtained from a bank and placed of record, and for the release of a mortgage he had placed on the land.</p>