Manker v. Tough
Supreme Court of Kansas
Error from Scott district court; Charles E. Lob-dell, judge. STATEMENT. The defendant in error employed the plaintiffs in error, a firm of real-estate agents, to sell a large tract of land for him, and contracted to pay them for their services the amount for which the land was sold in excess of $6 per acre. The contract of employment was oral.
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Error from Scott district court; Charles E. Lob-dell, judge. STATEMENT. The defendant in error employed the plaintiffs in error, a firm of real-estate agents, to sell a large tract of land for him, and contracted to pay them for their services the amount for which the land was sold in excess of $6 per acre. The contract of employment was oral. The plaintiffs in error found a purchaser and brought the purchaser and the seller together, and they entered into a written contract, duly executed, by the terms of which the defendant in error agreed to sell and convey by warranty deed 2880 acres of…
1ConcurrencePorter, J.
(concurring specially) : Aside from the ordinary rules for construing penal statutes and ordinances, a court would be justified in my opinion in construing the ordinance in question with the utmost strictness. Its enforcement is not demanded in order to carry out the purpose for which the legislature authorized its enactment, but solely to enable one person to avoid the payment of a just debt. ' In the recent case of Fossett v. Lumber Co., 76 Kan. 428, 92 Pac. 833, it was said:
“The doctrine of Yount v. Denning, 52 Kan. 629, 35 Pac. 207, that a person who fails to pay an occupation tax can not…
2Cases cited4 opinions
- Yount v. DenningSupreme Court of Kansas · 1894
- Fossett v. Rock Island Lumber & Manufacturing Co.Supreme Court of Kansas · 1907
- Mayer v. HartmanSupreme Court of Kansas · 1907
- Wicks v. CarlisleSupreme Court of Oklahoma · 1903