Bentz v. Eubanks
Supreme Court of Kansas
Error from, Jackson District Court. On the 7th day of October, 1882, G. T. Eubanks filed his petition against A.W. Bentz, claiming judgment for $1,000 on breach of an alleged contract for the sale of a quarter-section of land situate in Jackson county; the same day summons was issued and returned “not found”; on the same day an affidavit for constructive service was filed; thereon foreign personal service was made upon A. W. Bentz; on the 5th day of January, 1883, Eubanks…
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Error from, Jackson District Court. On the 7th day of October, 1882, G. T. Eubanks filed his petition against A.W. Bentz, claiming judgment for $1,000 on breach of an alleged contract for the sale of a quarter-section of land situate in Jackson county; the same day summons was issued and returned “not found”; on the same day an affidavit for constructive service was filed; thereon foreign personal service was made upon A. W. Bentz; on the 5th day of January, 1883, Eubanks filed his amended petition asking judgment for damages only; on the 20th day of March, 1883, the motion of Bentz to set…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Ou the 7th of October, 1882, and for a long time prior thereto, A. W. Bentz was the owner of the southeast one-quarter of section number thirty-two, township number six, of range number sixteen, in Jackson county. Gr. T. Eubanks claimed to have entered into a contract for the purchase of the same in March, 1881; he brought this action for the purpose of having the alleged contract specifically enforced; after commencing his action, A. W. Bentz died; and thereupon an amended petition was filed, in July, 1884, making his executors, heirs…
2Cases cited3 opinions
- Baker v. Johnson CountySupreme Court of Iowa · 1873
- Hamlin v. WistarSupreme Court of Minnesota · 1884
- Burkhalter v. JonesSupreme Court of Kansas · 1884
3Cited by6 opinions
- Nichols v. CoppockSupreme Court of Kansas · 1927
- Hayes v. PossehlSupreme Court of Kansas · 1914
- Chapman v. BoyntonDistrict Court, D. Kansas · 1933
- Erickson v. WallaceSupreme Court of Kansas · 1891
- Firestone v. JarvisSupreme Court of Kansas · 1931
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