Bradshaw v. Glasscock

The opinion of the court was delivered by

Porter, J.:

The only question in this case is whether the defendant is entitled to retain a sum of money which the plaintiffs paid to him by mistake. Briefly *12stated, his contention is that it was a voluntary payment made by the plaintiffs with their eyes open, and that they are estopped to maintain the action.

C. M. Brotton, a real-estate agent in Wichita, effected a trade or exchange of properties for the plaintiffs, and they owed him a commission. The defendant represented to the plaintiffs that he was a full partner of Brotton and entitled ■ to share…