Hale v. Adams

Supreme Court of Kansas

Hale v. Adams

132 P. 832, 90 Kan. 162, 1913 Kan. LEXIS 183

CourtSupreme Court of Kansas

DecidedJune 7, 1913

DocketNo. 18,286

StatusPublished

This text of 132 P. 832 (Hale v. Adams) 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.

Bluebook

Hale v. Adams, 132 P. 832, 90 Kan. 162, 1913 Kan. LEXIS 183 (kan 1913).

Pincite

Opinion

Per Curiam:

The evidence being conflicting, and the jury having accepted that most favorable to the plaintiff, none other need be considered. Under this evidence the plaintiff was clearly the procuring cause of the sale, for which the defendant agreed to pay the usual commission. The defendant could not by break[163]*163ing his appointment with the plaintiff and taking the negotiations into his own hands avoid liability for a commission. Even if this were not true, the claimed variance between the terms of the contract as pleaded dnd the proof was riót préjúdiciail to the defendant and the plaintiff was still entitled to recriver.

The judgment of the district court is affirmed.

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Per Curiam:

The evidence being conflicting, and the jury having accepted that most favorable to the plaintiff, none other need be considered. Under this evidence the plaintiff was clearly the procuring cause of the sale, for which the defendant agreed to pay the usual commission. The defendant could not by break[163]*163ing his appointment with the plaintiff and taking the negotiations into his own hands avoid liability for a commission. Even if this were not true, the claimed variance between the terms of the contract as pleaded dnd the proof was riót préjúdiciail to the defendant and the plaintiff was still entitled to recriver.

The judgment of the district court is affirmed.

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Bluebook (online)

132 P. 832, 90 Kan. 162, 1913 Kan. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hale-v-adams-kan-1913.