Ross v. Allen
Supreme Court of Kansas
■ Jjh'ror from Leavenworth District Court. ActioN to specifically enforce the performance of a contract alleged to have been entered into between the parties on or about the 19th day of March, 1887, by which Charles J. Boss purchased lots 23 and 24, in block 74, in Leavenworth, Kansas, for the sum of $8,000. The written agreement set up by Kate H. Allen in her petition to sustain the cause of action is as follows: “ Leavenworth, March 19, 1887. “Received one hundred dollars…
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■ Jjh'ror from Leavenworth District Court. ActioN to specifically enforce the performance of a contract alleged to have been entered into between the parties on or about the 19th day of March, 1887, by which Charles J. Boss purchased lots 23 and 24, in block 74, in Leavenworth, Kansas, for the sum of $8,000. The written agreement set up by Kate H. Allen in her petition to sustain the cause of action is as follows: “ Leavenworth, March 19, 1887. “Received one hundred dollars of Mrs. D. Byington, account of Chas. J. Ross, to apply on payment of eight thousand dollars, for property number 617…
1Opinion of the Court
The opinion of the court was delivered by
JohNSTON, J.:
The defense made against a specific performance is, that the memorandum or evidence of the contract of sale is insufficient within the statute of frauds. Under the statute no action can be brought to charge a party upon a contract for the sale of land unless the agreement upon which the action is brought, or some note or memorandum thereof, shall be in writing and signed by the party sought to be charged, or by his or her agent lawfully authorized. (Gen. Stat. of 1889, ¶ 3166.) The only memorandum of agreement set up in the petition as a…
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