Rock Island Lumber & Manufacturing Co. v. Fairmount Town Co.
Supreme Court of Kansas
Error from Sedgwich District Court. Action by the Fairmount Town Company against the Roch Island Lumber & Manufactu/ring Company for a specific performance of a contract for the sale of lots. Judgment for plaintiff. The defendant brings the case to this court. The material facts are stated in the opinion.
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Error from Sedgwich District Court. Action by the Fairmount Town Company against the Roch Island Lumber & Manufactu/ring Company for a specific performance of a contract for the sale of lots. Judgment for plaintiff. The defendant brings the case to this court. The material facts are stated in the opinion. The allegation of the petition is that the defendant is a corporation, and the signature of a corporation must be by some one of its officers or agents authorized to sign its name. The mere name of a corporation to an instrument is not the signature of a corporation. Gen. Stat. of 1889,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On January 15, 1887, the Fairmount Town Company agreed to sell to the Rock Island Lumber & Manufacturing Company six lots in Fairmount addition to the town of Iuka, in Pratt county, for a consideration of $1,250, of which $416.66 was paid on the execution of the agreement, and the remainder was to be paid in two equal installments, in 6 and 12 months respectively, with 10 per cent, interest per annum. The agreement was in writing, dated January 15, 1887, and was signed as follows: “Fair-mount Town Company, by S. H. Mallory, president.…
2Cases cited2 opinions
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3Cited by12 opinions
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- State Ex Rel. Ralston v. ShowalterSupreme Court of Kansas · 1962
- Wandell v. JohnsonMontana Supreme Court · 1924
- Bartlesville Oil & Improvement Co. v. HillSupreme Court of Oklahoma · 1911
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