Burgen v. Palmer
This text of 96 P. 1118 (Burgen v. Palmer) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff sued to recover his commission as a real-estate agent employed to find a purchaser for the defendant’s land. The court instructed the jury to return a verdict for the defendant, and the plaintiff prosecutes error. The abstract is barren of any evidence even tending to show that the plaintiff [407]*407found a purchaser who had the financial ability to buy. Therefore, he failed to make out the case. Each party asked for a peremptory instruction in his favor. Since there was no evidence of a fact indispensable to the plaintiff’s right to recover, the direction of a verdict for the defendant was proper.
The judgment of the district court is affirmed.
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Cite This Page — Counsel Stack
96 P. 1118, 78 Kan. 406, 1908 Kan. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgen-v-palmer-kan-1908.