Maffet v. Schaar

The opinion of the court was delivered by

Burch, j.:

After oral negotiations upon the subject, the defendant entered into a written contract to sell to the plaintiff a tract of land. The material portions of the contract follow:

“The said party of the first part will convey and assure to the party of the second part in fee simple, clear of all encumbrances, the following described real estate, situated in the county of Kingman and state of Kansas, to-wit: All of the northwest quarter of section thirty-six, except R. R. right of way, and all the southwest quarter of section thirty-six lying west…