Stanton v. Barnes

Citations

• 72 Kan. 541
• 84 P. 116
• 1906 Kan. LEXIS 351

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Case-made — Extension of Time to Settle — Jurisdiction of Trial Judge to Sign. Where, within the time fixed by the trial judge for settling a case-made, his successor in office orders another extension, and provides therein that within a definite time the trial judge shall settle and sign the case-made, the judge before whom the case was tried may settle and sign the same within such time.</p> <p>2. Agency — Sale of Real Estate — Commission. Where one employs a real-estate agent to find a purchaser for property which he represents as his own) and, upon the agent’s producing a purchaser ready, willing and able to pay the price, refuses to complete the sale, he is liable to the agent in an action for the usual commission, whether the property belonged to him or to another.</p> <p>3. - Waiver of a Defense. In such a case, when the grounds for refusing to complete the sale are stated to be that the property belonged to another, and the employment of the agent is denied, but no objection is raised upon the ground that the purchaser was not able to pay, it is too late after action begins to urge, as an additional reason, that the purchaser was not able to pay the cash.</p>