Gage v. Leslie

*73The opinion of the court was delivered by

Johnston, C. J.:

The origin of this controversy was a contract between J. H. Leslie and G. R. Gage by which the former agreed to exchange a city residence for a farm owned by the latter. Upon the refusal of Leslie to carry out the contract, Gage brought an action for specific performance and a decree in his favor was rendered. Leslie appealed ^and that judgment was affirmed by this court. (Gage v. Leslie, 117 Kan. 399, 231 Pac. 841.) Pending that appeal Leslie remained in possession of the city property, and it appears that he paid the taxes thereon for…