Valley, Inc. v. Ward Parkway Building Co.

Spencer, J.:

Plaintiff, a real estate brokerage firm, brought suit to recover a realtor’s commission from the sale of real estate owned by defendant Ward Parkway Building Company, Inc. At the close of plaintiff’s evidence, the court directed a verdict in favor of Ward Parkway.

The trial court found Karr v. Moffett, 105 Kan. 692, 185 Pac. 890 (1919), to be a “bay horse” case and plaintiff argues to the contrary. In Karr, which although decided in 1919 remains the law of this state, it is said:

“As plainly and frankly as could be set down on paper, the plaintiff was advised that his commission was…