Simmonds v. Long

Citations

• 80 Kan. 155
• 101 P. 1070
• 1909 Kan. LEXIS 37

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>11. 'Agency — Authority—Liability of Agent. Where persons enter into a written contract, assuming to act as agents for another, and receive money to be paid to the principal as part of the consideration but which is retained in their hands, and the principal refuses to be bound by the contract, an action may be maintained against them for money had and received to the use of the person from whom they received it.</p> <p>12. -Implied Contract — Money Retained by Agent. Defendants entered into a written contract with the plaintiff for the sale of lands, assuming to act as agents for the owners, and received $150 as part of the consideration. The owners of the land refused to be bound by the agreement, and the money was not paid them but was retained by the defendants. Held, that, independent of anything in the contract itself that would bind the defendants, the law under such circumstances implies an agreement on their part to restore the money, because the contract which they assumed to have authority to make has failed and they have the money of the plaintiff in their hands.</p>