Soper v. Gabe
Supreme Court of Kansas
Error from Mitchell District Court. ON May 21, 1887, William H. F. Gabe and his wife sold 165 acres of land to D. W. Soper and 13 others at the agreed price of $14,000. A cash payment of $2,800 was made, and the balance, which was to bear interest at 8 per cent., was to be paid in installments of $2,800 every three months, making the last payment due upon May 21, 1888. The purchasers were to have possession of the land three months after the sale, together with a share of…
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Error from Mitchell District Court. ON May 21, 1887, William H. F. Gabe and his wife sold 165 acres of land to D. W. Soper and 13 others at the agreed price of $14,000. A cash payment of $2,800 was made, and the balance, which was to bear interest at 8 per cent., was to be paid in installments of $2,800 every three months, making the last payment due upon May 21, 1888. The purchasers were to have possession of the land three months after the sale, together with a share of the crops growing thereon. Among other things, the written agreement of the parties stipulated that punctual payment of…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J. :
The first point to which our attention is called is the insufficiency of the petition. It contained no averment that a deed conveying a good title to the land, or that any deed, was ever executed by the Gabes to the purchasers, or that before the commencement of the action or at any other time the Gabes had tendered the purchasers a conveyance of the premises purchased, nor did it contain any excuse for the failure to tender a deed. The obligations of the contract are mutual and dependent, and before one party can enforce performance it…
2Cases cited3 opinions
- Iles v. ElledgeSupreme Court of Kansas · 1877
- Morrison v. TerrellSupreme Court of Kansas · 1882
- Close v. DunnSupreme Court of Kansas · 1880
3Cited by7 opinions
- Mercer v. Payne & Sons Co.Nebraska Supreme Court · 1927
- Wollenberg v. RoseOregon Supreme Court · 1904
- Hull v. AllenSupreme Court of Kansas · 1911
- Wilsey State Bank v. AmendSupreme Court of Kansas · 1920
- Johnson v. Burdett Town Co.Court of Appeals of Kansas · 1898
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