Legal Opinion

Gregory v. Kennedy Bros.

Supreme Court of Kansas

Decided June 11, 1910No. 16,429PublishedCited by 3 opinions

Appeal from Pawnee district court; Charles E. Lob-dell, judge. STATEMENT. W. S. Gregory brought suit against Willis Jennings to recover a commission of $101 for the sale of a farm. Kennedy Brothers filed an interplea, claiming that the commission was due them. Jennings deposited the amount of the commission with the court, and by agreement of the parties Kennedy Brothers were substituted as defendants.

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Appeal from Pawnee district court; Charles E. Lob-dell, judge. STATEMENT. W. S. Gregory brought suit against Willis Jennings to recover a commission of $101 for the sale of a farm. Kennedy Brothers filed an interplea, claiming that the commission was due them. Jennings deposited the amount of the commission with the court, and by agreement of the parties Kennedy Brothers were substituted as defendants. The case was tried without a jury, and the court made findings of fact and conclusions of law as follow: “FINDINGS OF FACT. “(1) That during the month of January, 1909, Jennings listed the…

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.:

From the findings it appears that Kennedy Brothers had nothing to do with inducing the purcháser to go and see the land, and there is no finding *568that anything they did induced him to take it. Without their efforts he would have purchased. All they did was to close the sale, which would have been done by the plaintiff if they had riot by misrepresentations, both to the owner and the purchaser, prevented the plaintiff from closing it. They knew the purchaser was the plaintiff’s customer, but in their telephone talk with the owner, when he…

2Cases cited2 opinions

  1. Beougher v. ClarkSupreme Court of Kansas · 1909
  2. Votaw v. McKeeverSupreme Court of Kansas · 1907

3Cited by3 opinions

  1. Young v. WhitakerUtah Supreme Court · 1915
  2. Trimble v. DowellSupreme Court of Kansas · 1925
  3. Crosby v. BolmarSupreme Court of Kansas · 1922

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