Bowersox v. J. W. Hall & Co.

The opinion of the court was delivered by

Graves, J.:

The defendants are real-estate brokers, and reside at Belleville, Kan. The plaintiffs own real estate in Republic county. They employed defendants to sell their land, agreeing to pay them $100 if they would make the sale as stipulated in the contract.

Defendants found a buyer, with whom they entered *100into a written contract of sale materially different from the one authorized by the plaintiffs, but the contract was made subject to the plaintiffs’ approval. The buyer paid $100 cash on the contract, which sum was to be returned if the sale was…