Kuhn v. Freeman
Supreme Court of Kansas
Error from Marshall District Court. Judgment in favor of the defendants, upon sustaining demurrers to the plaintiff’s petition, was given at the November Term 1873 of the district court, and Kuhn, plaintiff, brings the ease here on error. All the material facts are stated in the opinion. The .petition is sufficient to compel specific performance, and to procure a sale of the land for the satisfaction of the unpaid purchase-money.
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Error from Marshall District Court. Judgment in favor of the defendants, upon sustaining demurrers to the plaintiff’s petition, was given at the November Term 1873 of the district court, and Kuhn, plaintiff, brings the ease here on error. All the material facts are stated in the opinion. The .petition is sufficient to compel specific performance, and to procure a sale of the land for the satisfaction of the unpaid purchase-money. By the contract of sale, Hamaker, the obligee in the title-bond, became the owner of the land. 6 Johns. Ch. 402; 1 Story’s Equity, §§790, 1212; Sugden on Vendors,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On June 29th 1870, Jacob Weisbach was the owner of a certain piece of land in Marshall county. On that day he sold it to Daniel W. Hamaker, for $3,000, receiving one-half in cash down, and the other half in two promissory notes, each for $750, and payable, one in one year, and the other in two yeai-s. Weisbach gave a bond for title to Hamaker. On January 16th 1871, Hamaker died, leaving a widow and four children as heirs to said land. On April 3d 1871, W. H. H. Freeman was duly appointed administrator of Hamaker’s estate. . During the…
2Cases cited3 opinions
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- St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
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- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
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