Marshall v. Miles

Supreme Court of Kansas

Marshall v. Miles

132 P. 1008, 90 Kan. 161, 1913 Kan. LEXIS 181

CourtSupreme Court of Kansas

DecidedJune 7, 1913

DocketNo. 18,258

StatusPublished

Cited by1 cases

This text of 132 P. 1008 (Marshall v. Miles) 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

Marshall v. Miles, 132 P. 1008, 90 Kan. 161, 1913 Kan. LEXIS 181 (kan 1913).

Pincite

Opinion

Per Curiam:

It was error to sustain a demurrer to plaintiff’s evidence. According to the proof, defendant listed his farm with plaintiff for sale at an agreed price, and was to pay a commission when a purchaser was produced who was able and willing to buy upon the terms stated. The fact that the purchaser happened to be the partner of plaintiff and would be entitled to a share of the commission would constitute no defense in an action •to recover the commission.

The judgment is reversed , and a new trial ordered.

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Per Curiam:

It was error to sustain a demurrer to plaintiff’s evidence. According to the proof, defendant listed his farm with plaintiff for sale at an agreed price, and was to pay a commission when a purchaser was produced who was able and willing to buy upon the terms stated. The fact that the purchaser happened to be the partner of plaintiff and would be entitled to a share of the commission would constitute no defense in an action •to recover the commission.

The judgment is reversed , and a new trial ordered.

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Bluebook (online)

132 P. 1008, 90 Kan. 161, 1913 Kan. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-miles-kan-1913.

Opinion

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