Southwestern Port Huron Co. v. Wilber

Citations

• 75 Kan. 175
• 88 P. 892
• 1907 Kan. LEXIS 33

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Brokers — Commercial Broker Defined. An agent employed to sell machinery by procuring orders or purchasers therefor is a commercial broker, when the contract of agency neither gives nor contemplates any possession or right of possession in the agent to the machinery to be sold.</p> <p>2. -- Sales — Authority of Broker. Such a broker, without power to make an actual sale and delivery, can only procure or find purchasers willing to buy, and the consummation of a sale depends upon the principal.</p> <p>3. - Commission for Sales Procured. Where under his contract of agency with the principal such broker is entitled to a commission upon any sales of such machinery made by him, and he notifies the principal that he has prospective purchasers for a machine, and informs the general agent of the principal (who is sent by the principal in response to such notice to assist in making the sale) of the names of purchasers and where they live, and such general agent thereupon proceeds to negotiate and consummates such, sale, then such broker is entitled to his commission; provided, that it appears from the circumstances that the action of the agent so far effectuated the sale that but for such action the particular sale could or .would not have been consummated.</p> <p>4. -Revocation of Agency Pending Negotiations — Right to Commission. In such a case, the agent having acted in good faith, the revocation of the contract of agency by the principal during the pendency of the negotiations and before the consummation of the sale does not deprive the agent of his right to the commission.</p>