Henschel v. Sutton

The opinion of the court was delivered by

Johnston, C. J.:

Plaintiff sued to recover a commission for a sale of defendant’s property, with the result that a verdict and judgment went for defendant. Plaintiff appeals.

H. E. Sutton, who resided in St. John, Kan., was the owner of real property in Kansas City, and had listed the same for sale with plaintiff, E. T. Henschel, and also with U. S. Sartin, but had given neither of the brokers an exclusive agency. The property was listed with plaintiff in May, 1923, but had been placed in the hands of Sartin for sale about seven years before that time,…