Ratliffe v. Cease

(dissenting) : In the case chiefly relied on, Kershaw v. Schafer, 88 Kan. 691, 129 Pac. 1137, the defendant profited in a large amount by his own fraud. Such were the facts in the other cases cited by the defendant. Our attention is called to no authority holding the plaintiff liable beyond the loss of his commission. When the' defendant became fully advised that her vendee instead of paying her the $500 .had agreed to pay it to her agent she “wanted the deal to go through.”

*447“Q. You knew you had been swindled out of your Five Hundred Dollars? A. We trusted to luck to get it; we thought maybe—

“Q…