Guild v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Kansas
Error from Shawnee Circuit Court. Son. J. B. Johnson, Judge. STATEMENT BY THE COURT. This action was instituted by Charles Dunn, as plaintiff, against the Atchison, Topeka & Santa Fe Railroad Conrpany, alleging the execution of the written contract copied below, the full performance of all its conditions on his part, and asking judgment for the sum found by the arbitrators or appraisers to be the value of the land described in the contract.
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Error from Shawnee Circuit Court. Son. J. B. Johnson, Judge. STATEMENT BY THE COURT. This action was instituted by Charles Dunn, as plaintiff, against the Atchison, Topeka & Santa Fe Railroad Conrpany, alleging the execution of the written contract copied below, the full performance of all its conditions on his part, and asking judgment for the sum found by the arbitrators or appraisers to be the value of the land described in the contract. The contract is as follows : “ This agreement, made and entered into in duplicate this 17th day of December, 1890, between Charles Dunn, of Topeka,…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
The answer of the defendant presented two principal issues : (1) That the land described in the contract was incumbered, and the plaintiff therefore unable to convey a perfect title; (2) that the authority of the arbitrators was revoked before an award was made. The principal question for our consideration is whether or not either of these defenses was good under the facts disclosed.
1. Effect of incumbrances. 1. It appears that the land was incumbered by mortgages amounting to $10,000 and some interest. Does the existence of an incumbrance…
2Cases cited14 opinions
- Scottish Union & National Insurance v. ClancyTexas Supreme Court · 1888
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Watts v. Waddle Ex Rel. LeonardSupreme Court of the United States · 1832
- Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
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3Cited by31 opinions
- Maryland Construction Co. v. KuperCourt of Appeals of Maryland · 1900
- Cocalis v. NazlidesIllinois Supreme Court · 1923
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1908
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- Eaton v. SadlerSupreme Court of Alabama · 1926
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