Linscott v. Moseman
Supreme Court of Kansas
Appeal from Jackson district court. STATEMENT. On June 24,1908, the parties to this litigation agreed in writing to exchange real estate at stipulated prices. That of the plaintiff is situated in the state of Oklahoma and was valued at $4250. That of the defendant is situated in the city of Holton and was valued at $4000. The defendant agreed to pay the difference in cash.
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Appeal from Jackson district court. STATEMENT. On June 24,1908, the parties to this litigation agreed in writing to exchange real estate at stipulated prices. That of the plaintiff is situated in the state of Oklahoma and was valued at $4250. That of the defendant is situated in the city of Holton and was valued at $4000. The defendant agreed to pay the difference in cash. Each party agreed to furnish an. abstract showing perfect title to his land, free and clear of all encumbrances. Deeds were to be exchanged within two days after abstracts were furnished and found to show perfect title, but…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J.:
The plaintiff takes the position that he is a vendor of land suing for reparation on account of the refusal of the vendee to comply with the contract. The contract is wholly executory, and no claim is made that the vendee is unable to perform. In such cases the vendor is entitled to redress in one of two ways: He may have his contract enforced according to its terms and receive whatever he has contracted for, or he may have damages for the loss of his bargain. If he has sold for cash he may have the purchase money. In such a case he must…
2Cases cited2 opinions
- Rock Island Lumber & Manufacturing Co. v. Fairmount Town Co.Supreme Court of Kansas · 1893
- Bierer v. FretzSupreme Court of Kansas · 1884
3Cited by14 opinions
- Stroupe v. HewittSupreme Court of Kansas · 1913
- Jennings v. New York Petroleum Royalty Corp.Supreme Court of Oklahoma · 1934
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
- Peatling v. BairdSupreme Court of Kansas · 1950
- Eisenhour v. Cities Service Oil Co.Supreme Court of Kansas · 1939
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