Johnson v. Burdett Town Co.
Court of Appeals of Kansas
Error from Shawnee circuit court; J. B. Johnson, judge. The Burdett Town Company sued Johnson and Frost for the specific performance of a contract for the purchase of town lots. This contract was made on May 30, 1886.' A small payment was made down on' the lots,- the' contract providing for two other payments, the last to become due May 30, 1887. The contract provided that upon making this final payment the company should deed the lots to the vendees.
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Error from Shawnee circuit court; J. B. Johnson, judge. The Burdett Town Company sued Johnson and Frost for the specific performance of a contract for the purchase of town lots. This contract was made on May 30, 1886.' A small payment was made down on' the lots,- the' contract providing for two other payments, the last to become due May 30, 1887. The contract provided that upon making this final payment the company should deed the lots to the vendees. By express provision, time was made of the essence of the contract. .It was further stipulated that, upon a failure to perform, the vendees…
1Opinion of the Court
The opinion of the court; was delivered by
Mahan, P. J. :
The petition did not state facts sufficient to constitute a cause of action. On the issues as they were joined, as appears by the record of the case, the court could not render judgment for the plaintiff for two reasons : (1) Thé petition, as heretofore stated, did not contain facts sufficient to constitute a .cause of action in favor of the plaintiff and against the defendants, for the reason that it did not allege a performance upon the part of the plaintiff or a tender of performance, which the plaintiff was bound to do before it…
2Cases cited7 opinions
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Brashier v. GratzSupreme Court of the United States · 1821
- Nickerson v. NickersonSupreme Court of the United States · 1888
- Fowler v. MarshallSupreme Court of Kansas · 1883
- Young v. DanielsSupreme Court of Iowa · 1855
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3Cited by3 opinions
- Ferguson v. Kansas City Public Service Co.Supreme Court of Kansas · 1945
- Fralick v. Kansas City Public Service Co.Supreme Court of Kansas · 1949
- Audo v. Western Coal & Mining Co.Supreme Court of Kansas · 1917