State Bank v. Byers

The opinion of the court is delivered by

Marshall, J.:

The plaintiff sued for the recovery of money. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

The cause was tried without a jury, and special findings of fact were made as follows:

“1. Prior to January 23, 1917, one M. G. Boorse was the owner of 2,080 acres of land in township 22, range 42, in Hamilton county, Kansas.

“2. January 23, 1917, the said M. G. Boorse made a contract of sale of said land to Alexander A. Sharp for a consideration of $10,400; $500 to be paid in cash, $500 February 15, 1917, $1,040 on or…