Waynick v. Richmond
Supreme Court of Kansas
Error from Franldin District Court. Action by plaintiffs to compel specific performance. The petition alleged that the plaintiffs Sarah, Serena, and Stephen A. were the widow and children, and only heirs of Jacob Waynick deceased; that said Jacob died intestate February 18th, 1865; that in the lifetime of said Jacob, and on the 18th of September 1864, the defendant John C. Richmond executed and delivered to said Jacob the following agreement in writing, to-wit : “Know all…
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Error from Franldin District Court. Action by plaintiffs to compel specific performance. The petition alleged that the plaintiffs Sarah, Serena, and Stephen A. were the widow and children, and only heirs of Jacob Waynick deceased; that said Jacob died intestate February 18th, 1865; that in the lifetime of said Jacob, and on the 18th of September 1864, the defendant John C. Richmond executed and delivered to said Jacob the following agreement in writing, to-wit : “Know all men by these presents that I, John C. Richmond of the county of Franklin, state of Kansas, am held and firmly bound unto…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The plaintiffs in error brought their action in the district court of Franklin county upon a bond given by Richmond, one of the defendants in error to Jacolj Way-nick. The bond recited that Richmond was held and firmly bound unto Waynick in the sum of $247.50, and was absolute in its terms so far as the obligatory part is concerned. The condition reads thus-: “The condition of this obligation is such, that if the above bounden John C. Richmond, his heirs, executors, or administrators, shall sell and truly execute or cause to be executed a…
2Cited by11 opinions
- Mellison v. AllenSupreme Court of Kansas · 1883
- Mullen v. MorrisNebraska Supreme Court · 1895
- Whetstone v. Ottawa UniversitySupreme Court of Kansas · 1874
- Aetna Casualty & Surety Co. v. United States Gypsum Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Healy v. NewtonMichigan Supreme Court · 1893
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