Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 9

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...was an action to compel a specific performance of a parol contract to sell land. Payment of about two-thirds of the purchase-money, and tender of the remaining, possession, and the making of valuable and lasting improvements since the contract, with the knowledge of the vendor, were the grounds upon which a decree was asked. The district court found the facts as alleged, and rendered a decree accordingly. Plaintiffs in error, defendants below, allege in error, first, that no specific performance should have been decreed, because, at the time of the parol contract the vendee was already in possession. In other words, delivery of possession is essential to the validity of a parol contract to sell land, and delivery being impossible where possession is already held, a parol contract to sell to one already in possession mu never be enforced. We do not so understand the law. A parol contract to sell land, as a contract, is 1_ 1:331.":: mcents, always void, not because of any immorality or l=-nls-illegality, it is true, but because the lawpdoes not recognize such method of transferring title to real estate. Part performance takes such a ease out of the statute of frauds, not because it furnishes any greater proof of the contract, or because it makes the contract any stronger, but because it would be intolerable in equity for the owner of a tract of land to knowingly suffer another to invest time, labor, and money on that land, upon the faith of a contract which did not exist. Part performance, working injury to one party, unless followed by full performance, is necessary to enforce performance by the other. Equity bases its right to interfere upon the ground that without its interference injury and wrong will result, and not on thshow more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • United States
  • English
  • black & white illustrations
  • 1236967666
  • 9781236967664