[DOWNLOAD] "Harshbarger v. Carson" by Supreme Court of Kansas # Book PDF Kindle ePub Free

eBook details
- Title: Harshbarger v. Carson
- Author : Supreme Court of Kansas
- Release Date : January 03, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by  This was an action for specific performance of a contract to
            sell real estate. Judgment was for the plaintiff. Defendant has
            appealed.   The amended petition alleged that on December 17, 1952,
            defendant gave plaintiff an option to purchase a described tract
            of real estate in Wyandotte county and agreed to furnish
            plaintiff an abstract of title within ten days of the date of the
            contract and plaintiff should have ten days thereafter to examine
            the abstract and set forth any defects and the defendant would
            have thirty days thereafter in which to remedy all such defects
            and to show good and merchantable title; that at the time of the
            execution of the contract plaintiff paid defendant $100 and if
            the abstract was made to show a good title, then the defendant
            was to execute and deliver to the plaintiff a warranty deed to
            the real estate and upon the payment of plaintiff to defendant of
            $15,900 it was to be delivered to plaintiff; that the defendant
            delivered the abstract to plaintiff about the 31st of December,
            1952; that plaintiff returned it to defendant's attorney at his
            request on the 9th day of January, 1953, and defendant agreed to
            comply with the requirements of the attorney's opinion; that the
            defendant thereafter refused to complete the transaction although
            plaintiff agreed to accept the deed without the necessity of
            defendant complying with these requirements; that plaintiff
            tendered to defendant on February 26, 1953, at plaintiff's place
            of business a check in the sum of $15,900 and demanded that
            defendant execute and deliver to him a warranty deed for such
            premises or enter into a contract for a warranty deed thereto and
            defendant had wholly failed and refused to do so; that plaintiff
            was ready, willing and able to pay to the defendant the balance
            due on the contract and tendered it to the defendant upon the
            execution and delivery to plaintiff of a warranty deed; that
            plaintiff had no plain, adequate and complete remedy at law;
            could not be adequately compensated in damages and he had
            performed all the conditions precedent in the contract obligatory
            upon him to be performed and stood ready to pay defendant the
            balance due upon delivery to plaintiff of a good and sufficient
            warranty deed.