87 Kan. 404 | Kan. | 1912
The opinion of the court was delivered by
J. W. Sturgeon brought this action against George H. Culver to recover a commission of $240 for finding a purchaser of what is spoken of as the Culver farm. He recovered the amount claimed and Culver appeals.
The land was owned by Asa Culver at the time of his death, and the appellant, who was a son and heir, was appointed as administrator of the estate. It was contended that an agreement was made between appellant and appellee to the effect that if the latter would find a purchaser for the Culver farm at a fixed price appellant would pay a commission of two and one-half per cent-of the sale price. On the other hand appellant insists that, although negotiations were had, a contract was not consummated; and, further, that the administrator had no authority to make a binding contract to pay a broker’s commission. The principal
It is contended, however, that appellant had not obtained authority from the probate court to sell the land, and hence could not bind the estate to make a sale by any agreement he may have made. The testimony indicates that appellant was acting in his personal capacity. The fact that he did not hold the complete title, or any title, to the land is immaterial if the services contracted for have been performed by his agent. It is no defense to an action brought by an agent against his principal to recover a commission for negotiating a sale of land that the principal does not hold the title to the land. (Moore v. Daiber, 92 Mich. 402, 52 N. W. 742; Jones v. Adler, 84 Md. 440; Rounds v. Alee, 116 Iowa, 345, 89 N. W. 1098; Gorman v. Hargis, 6 Okla. 360, 50 Pac. 92; 19 Cyc. 239.)
Aside from this consideration the letters of appellant show that there was no occasion to appeal to the probate court for authority to sell the land. Authority of that kind is only required when the personal estate of the deceased is insufficient to meet the indebtedness. The deceased left no debts and it was agreed by the heirs that no claims would be filed against the estate. The land could be sold without authority from the probate court, and, in any event, the appellant became personally liable for the commission when the appellee performed the conditions of his contract of agency.
The judgment is affirmed.