Kansas Lumber Co. v. Horrigan
Supreme Court of Kansas
Error from Reno District Court. Action brought by Horrigan against The Kansas Lumber Company, to compel the specific performance of a contract alleged to have been made between the defendant and the plaintiff for the conveyance of 160 acres of land in Reno county. The defendant demurred to the plaintiff’s petition upon the ground that it did not state facts sufficient to constitute a cause of action.
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Error from Reno District Court. Action brought by Horrigan against The Kansas Lumber Company, to compel the specific performance of a contract alleged to have been made between the defendant and the plaintiff for the conveyance of 160 acres of land in Reno county. The defendant demurred to the plaintiff’s petition upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled by the court at the May Term, 1885. The defendant brings the case to this court.
1Opinion of the Court
Opinion by
Clogston, C.:
The plaintiff alleges in his petition that on the 2d day of March, 1882, he entered into a written contract with defendant for the purchase of 160 acres of land in Reno county, Kansas, said contract being as follows:
“Know all men by these presents, that it has this day been agreed between the Kansas Lumber Company, of the first part, and Timothy Horrigan, of the second part, witnesseth: That Timothy Horrigan has bought the northeast quarter of section 32, town 23, range 5 west, for the sum of $800, to be paid as follows: $200, November 1, 1882; $200, March 2, 1883;…
2Cases cited2 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- National Land Co. v. PerrySupreme Court of Kansas · 1879
3Cited by12 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Pier v. LeeSouth Dakota Supreme Court · 1901
- Moore v. KellySupreme Court of Oklahoma · 1916
- J. Crouch & Son v. HuberSupreme Court of Oklahoma · 1922
- Holman v. JoslinSupreme Court of Kansas · 1922
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