Burgen v. Palmer

Supreme Court of Kansas
Burgen v. Palmer, 78 Kan. 406 (Kan. 1908)
96 P. 1118; 1908 Kan. LEXIS 74

Burgen v. Palmer

Opinion of the Court

Per Curiam:

The plaintiff sued to recover his commission as a real-estate agent employed to find a purchaser for the defendant’s land. The court instructed the jury to return a verdict for the defendant, and the plaintiff prosecutes error. The abstract is barren of any evidence even tending to show that the plaintiff *407found a purchaser who had the financial ability to buy. Therefore, he failed to make out the case. Each party asked for a peremptory instruction in his favor. Since there was no evidence of a fact indispensable to the plaintiff’s right to recover, the direction of a verdict for the defendant was proper.

The judgment of the district court is affirmed.

Reference

Full Case Name
Thomas Burgen v. Charles L. Palmer
Status
Published
Syllabus
Agency — Commission—“Purchaser.” One employed to find a purchaser of real estate could not recover a commission without showing that he had found a purchaser with financial ability to buy.