Templeton v. Biegert

Citations

• 79 Kan. 638
• 100 P. 654
• 1909 Kan. LEXIS 257

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition—Quantum Meruit—Contract Repudiated—Agent’s Commission. A petition which alleges an agreement of plaintiffs to procure a purchaser and to assist in effecting a sale of the owner’s land for a certain compensation, but that after a purchaser had been procured and before the sale was effected the landowner wrongfully repudiated the agreement and completed the sale without plaintiffs’ assistance, and that plaintiffs then elected to treat the contract as ended and to bring an action for the value of the services rendered, for which they ask judgment, states a good cause of action.</p> <p>2. -Surplusage—Proof of 'Contract. An averment in such petition that the landowner had died since the sale was made, and that by reason of his death plaintiffs had become incompetent to testify to conversations and transactions had with him and were therefore unable to prove the terms of the oral agreement entered into for the sale of the land, does not destroy the other averments of the petition nor operate to defeat a recovery in quantum, meruit.</p>