97 Kan. 126 | Kan. | 1916
The opinion of the court was delivered by
The plaintiff sued to recover a commission for procuring a contract of exchange between the defendant and G. A. Rucker for certain real properties. He averred that under the contract Rucker was to convey a certain tract of land free and clear of all incumbrances except a mortgage of $6000, all Water rights to be paid and all taxes up to date.
The defendant answered that G. A. Rucker was not able to carry out the terms of the contract and charged fraud in its procurement and alteration. The testimony showed that the land in question had been sold at foreclosure and the only con
The jury found for the defendant generally and also in answer to special questions that the defendant did not agree to pay the plaintiff for procuring the contract, that the contract had by the plaintiff been materially altered since its execution by changing a name and inserting approval, and that G. A. Rucker was not ready, willing and able to carry out his part of the agreement for the exchange of properties. Findings were made in relation to other matters which need not be considered.
Various questions are argued, but the findings referred to, sufficiently supported by the evidence, preclude recovery by the plaintiff.
The judgment is affirmed.