M. E. Fowler & Co. v. Quall
Supreme Court of Kansas
Error from Shawnee District Court. M. E. Fowler & Co., plaintiffs in error, were real-estate agents in the city of Topeka during the year 1884, and as such had on their books for sale as agents for the owner, Squire Burns, lots 425 and 427, (with small house on each lot,) Clay street, North Topeka.
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Error from Shawnee District Court. M. E. Fowler & Co., plaintiffs in error, were real-estate agents in the city of Topeka during the year 1884, and as such had on their books for sale as agents for the owner, Squire Burns, lots 425 and 427, (with small house on each lot,) Clay street, North Topeka. On the 20th of March, 1884, the defendants in error purchased the lots from the plaintiffs in error, who signed and delivered to the defendants in error the following written instrument: “Received, Topeka, Kansas, March 20, 1884, from Barrett Quall and William Garrett, one hundred and forty…
1Opinion of the Court
Opinion by
Simpson, C.:
The first question in this case, and it may be a decisive one, is, how are these contracts to be regarded ? Is that of the 20th of March, made by the plaintiffs in error, as the agents of Burns, merged in that of the 21st, made by Burns, the owner ? Or does the contract of the 21st supersede that of the 20th ? Or are they to be considered as separate and independent agreements, each creating *510mutual rights and obligations without reference to the other ? Or are they to be taken and construed together as one, each to be read in the reflected light of the other? We are…
2Cited by2 opinions
- Simmonds v. LongSupreme Court of Kansas · 1909
- Trentman v. KeachSupreme Court of Kansas · 1934