Legal Opinion

Durkee v. Gunn

Supreme Court of Kansas

Decided January 15, 1889PublishedCited by 16 opinions

M'ror from Bourbon District Court. This acticm is the same as Gunn v. Durhee, (ante, p. 144,) but this record contains the entire proceedings of the trial.

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M'ror from Bourbon District Court. This acticm is the same as Gunn v. Durhee, (ante, p. 144,) but this record contains the entire proceedings of the trial. The findings of fact explain in substance the cause of action and the drift of the testimony introduced; they are as follows: “1. On the 1st day of June, 1886, the defendants, under the style of Durkee & Stout, entered into a contract in writing with the plaintiff and E. D. Marr, who were then doing a real-estate and insurance and loan business under the style of Gunn & Marr, of which contract the following is a copy: “‘Foet Scott, June 1,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

I. It is claimed by Messrs. Durkee & Stout, who entered into a contract with Messrs. Gunn & Marr on June 1, 1886, that the dissolution of the firm of Gunn & Marr terminated their agency; that Marr, the retiring member of the firm, had no authority to sell or transfer his interest or the interest of the firm in the contract of June 1, 1886, to Gunn; therefore, that as no new contract was made in writing by *500Gunn, he could not recover as agent or otherwise for any damages or services subsequent to July 23, 1886, the date of the dissolution.…

2Cases cited5 opinions

  1. Hawley v. SmithIndiana Supreme Court · 1873
  2. Rogers v. NicholsTexas Supreme Court · 1858
  3. Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
  4. Monroe v. HamiltonSupreme Court of Alabama · 1877
  5. Edens v. WilliamsIllinois Supreme Court · 1864

3Cited by16 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. French v. CunninghamIndiana Supreme Court · 1898
  3. Cloe v. RogersSupreme Court of Oklahoma · 1912
  4. Robertson's v. Atlantic Coast Realty Co.Supreme Court of Virginia · 1921
  5. Green v. ColeSupreme Court of Missouri · 1895

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