Davis v. L. W. Lawrence & Co.
Supreme Court of Kansas
Error from Shawnee District Cov/rt. Action by L. W. Lawrence & Go. against D. W. Davis, to recover commission for the sale of certain real estate. Judgment for plaintiffs, May 15, 1889. Defendant comes to this court. The facts appear in the opinion. In a contract between a real-estate agent and his 'principal, there must be mutuality.
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Error from Shawnee District Cov/rt. Action by L. W. Lawrence & Go. against D. W. Davis, to recover commission for the sale of certain real estate. Judgment for plaintiffs, May 15, 1889. Defendant comes to this court. The facts appear in the opinion. In a contract between a real-estate agent and his 'principal, there must be mutuality. Where the contract is unilateral, without imposing any obligation upon the agent, he must show a sale in pursuance of such authority before he can recover his commission. Stensgaard v. Smith, 43 Minn. 11; Bradford v. Menard, 35 id. 197; Andreas v. Holcomb, 22…
1Opinion of the Court
The opinion of the court was delivered by
JoHNSTON, J.:
This was an action by L. W. Lawrence & Co., who were real-estate agents, to recover from D. W. Davis the commission for a sale of his property. The contract between the parties was as follows:
“You are hereby authorized to sell my property, to wit, lot ninety-seven (97) on Kansas avenue street, for ten thousand dollars ($10,000), terms of payment as follows: Seven thousand four hundred dollars ($7,400) cash; balance on the following payments: Assume mortgage of twenty-six hundred dollars ($2,600). Description of improvements: Two small…
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