Wiggam v. Shouse

Citations

• 105 Kan. 637
• 185 P. 896
• 1919 Kan. LEXIS 146

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance' — Sale of Real Estate — Terms Stated to Agent by Oivner — No Authority of Agent to Bind his Principal by Contract. A written communication from the owner of real estate to an agent stating the terms upon which he would sell, held, not to amount to an offer at large which would result in a contract whenever any one accepted it; and further held, that the agent was given no authority to bind the owner to sell the land to any one. (Brown v Gilpin, 75 Kan. 773, 90 Pac. 267; Schuhmacher v. Lebeck, 103 Kan. 458, 173 Pac. 1072.)</p> <p>2. Same. The owner of real estate in Kansas, residing in Montana, received a telegram from real-estate agents where the land was located, saying, “We have offer of $7,500 for farm. Answer our expense. Letter follows.” In answer thereto the owner wired, “Will take $8,000 net cash.” The agents wrote the owner stating they had sold the land to plaintiff for $8,000; inclosed a deed to be executed by the owner, with request that he authorize their bank to accept the $8,000 within 15 days, the bank to retain $500 out of which to pay them a commission of $225, and the cost of an abstract, showing a marketable title. The balance was then to be paid to the owner. Held, that a petition setting forth the foregoing facts in an action by the proposed purchaser against the owner to compel specific performance states -no cause of action.</p>