Legal Opinion

Hillyard v. Banchor

Supreme Court of Kansas

Decided October 7, 1911No. 17,214PublishedCited by 14 opinions

Appeal from Kearny district court. STATEMENT. This action is to recover commissions claimed by the plaintiff, Hillyard, a real-estate agent and broker at Lakin, Kan., from Banchor, the defendant, landowner, of Boston, Mass., and also the amount of a payment advanced upon the contract for the purchaser, whose claim, if any, had been assigned to the plaintiff. Judgment was rendered for the amount of the advance payment, but the claim for commissions was not allowed.

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Appeal from Kearny district court. STATEMENT. This action is to recover commissions claimed by the plaintiff, Hillyard, a real-estate agent and broker at Lakin, Kan., from Banchor, the defendant, landowner, of Boston, Mass., and also the amount of a payment advanced upon the contract for the purchaser, whose claim, if any, had been assigned to the plaintiff. Judgment was rendered for the amount of the advance payment, but the claim for commissions was not allowed. Both parties appealed. Under date of October 19, 1907, soon after the land had been listed with the plaintiff, he concluded a…

1Opinion of the Court

The opinion of the court was delivered by

Benson, J.:

The plaintiff contends that the defendant’s title is unmarketable, and that having shown this, he has established his right to commissions, the sale having failed for that reason alone. The defendant in • sists that the title is good, and further contends that by withholding all information of the contract to sell for a sum largely exceeding the amount afterward reported to the owner, withholding the name of the purchaser, and making the statement that the purchaser would pay for his trouble, the agent was lacking in good faith, and…

2Cases cited18 opinions

  1. Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
  2. Lawrence v. . MillerNew York Court of Appeals · 1881
  3. Hansbrough v. PeckSupreme Court of the United States · 1867
  4. Estes v. BrowningTexas Supreme Court · 1853
  5. Douglass v. NuzumSupreme Court of Kansas · 1876

13 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Malmberg v. BaughUtah Supreme Court · 1923
  2. King v. MillikenMassachusetts Supreme Judicial Court · 1924
  3. Long v. ClarkSupreme Court of Kansas · 1913
  4. Nason v. PattenSupreme Court of Kansas · 1913
  5. Wensler v. TilkeSupreme Court of Kansas · 1916

9 more not listed; retrieve them via the Exa API.

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