[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.