Votaw v. McKeever

Citations

• 76 Kan. 870
• 92 P. 1120
• 1907 Kan. LEXIS 338

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Commission—Sale of Real Estate. Where two or more real-estate brokers are employed to sell the same property, the commission to be paid to whoever makes the sale, and afterward the property is sold by the joint efforts of' such agents, the commission will be due to the agent who was the proximate, predominating and procuring cause of the sale.</p> <p>2. Practice, District Court — Instructions. It is not error to refuse to give an instruction as requested when substantially the same rule of law is contained in the general charge.</p> <p>3. - Same. In charging a jury the court may properly present the various phases of the case suggested by the evidence or the contentions of the parties, although such opposing phases are inconsistent with each other, and it will not be deemed error to do so when upon consideration of the instructions as a whole it does not appear that the jury might have been misled thereby.</p>