Supreme Court of Kansas, 1908

Burgen v. Palmer

Burgen v. Palmer
Supreme Court of Kansas · Decided June 6, 1908
78 Kan. 406; 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.