92 Kan. 605 | Kan. | 1914
The opinion of the court was delivered by
The plaintiffs sued for a commission for an exchange of certain land owned by the defendants for a stock of hardware and other properties connected therewith. They alleged that in effecting the exchange they acted as agents for the other parties also with the knowledge and consent of each. The answer alleged in substance that the plaintiffs acted solely for the owner of the hardware .stock in making the exchange, and that it was understood and agreed that they should look to him for their commission, and that the defendants did not promise to pay the plaintiffs anything. It was testified that Snyder, the owner of the hardware stock, agreed to pay the plaintiffs' $500 for making the transfer unless' they acted also for the defendants, in which case he agreed to pay $250; that he was not told that they were acting as agents for the defendants, and nothing was said about that, and the question never came up; also that the statement was made that they were not representing the defendants; that after the deal was closed Snyder paid $150 and declined to pay more until it was ascertained whether the plaintiffs were acting for the other side; that
Recently the matter of dual agency when the interests of the principals, are not and when they are conflicting has been thoroughly considered in Wilson v. Insurance Co., 90 Kan. 355, 133 Pac. 715, and in Bank v. Insurance Co., 91 Kan. 18, 137 Pac. 78, in Rinebarger v. Weesner, 91 Kan. 303, 137 Pac. 969; and in Crawford v. Investment Co., 91 Kan. 748, 139 Pac. 481. In the latter the rule was stated that in order to recover compensation from either principal the agent must make a full disclosure of his dual agency “and it should