Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 111

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 111

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...himself in a position where the agent would be entitled to recover his commission provided the proposed purchaser accepted Spangler's terms. And Spangler could not avoid paying the commission by merely refusing to abide by his proposition and by preparing a written contract with new terms not acceptable to the purchaser. On April 23, the plaintiff wrote the defendant informing him who the purchaser was and that the terms stated in Spangler's telegram were satisfactory. He informed him further that so far as he could see there was no need of a written agreement, but inclosed blanks if Spangler desired to make use of them. In this situation it cannot be doubted that Spangler would have been liable for the commission had the trade fallen through by reason of his sending a contract agreeing to sell only upon condition that the purchaser would pay a thousand dollars more than the ofier of April 21. For the same reason it follows that if he changed any other terms of the contract, that is, inserted in the written contract terms different from those already agreed upon, and the purchaser refused for that reason to complete the deal, he would be liable for payment of the commission. The record shows beyond dispute that the only reason the sale was not completed according to the terms of the contract made by telegrams was because the defendant required the purchaser to sign a different contract by which he was to have thirty days, in place of five, in'which to surrender possession of the property. Conceding his right to change his mind about the sale and to change the terms upon which he had agreed to sell he could not thereby avoid his obligation to pay to the agent the commission which had already been earned. It was error to grant a...
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Product details

  • Paperback | 428 pages
  • 189 x 246 x 22mm | 757g
  • United States
  • English
  • Illustrations, black and white
  • 1236784480
  • 9781236784483