Sullivant v. Jahren

Citations

• 71 Kan. 127
• 79 P. 1071
• 1905 Kan. LEXIS 103

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Real-estate Broker — Scope of his Authority. A real-estate broker or agent is one who negotiates sales of real estate. His business generally is to find a purchaser who is willing to buy on the terms fixed by the owner; that is, to bring the owner and a purchaser together. He has no implied authority to bind the principal by signing a contract of sale. Nor has he such authority to fix terms of sale, time of possession, or the covenants to be contained in the deed. Nor can he materially change the terms of sale fixed by the principal, without the latter’s consent. He is a special agent, and must pursue his instructions and act within the scope of his limited powers; and those who deal with him, if he exceed his authority, do so at their peril.</p> <p>2. -Agent’s Authority Held, a Question of Law. The authority given by the owner of the land to his agent in this case was all embodied in letters and a telegram. Not being ambiguous, what they mean is a question of law and not of fact, and this court is not hampered by the findings of fact made by the trial court as to the meaning of these writings.</p>