Kitchell v. Hodgen
Supreme Court of Kansas
Error from. Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The petition in this case alleged a partnership between the plaintiff and others associated with him for the purchase and sale of a tract of real estate on speculation. The title stood in the name of James S. Foote. The firm of Johnston & Blackwelder, real-estate agents, assuming to represent Foote, procured the sale to be made.
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Error from. Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The petition in this case alleged a partnership between the plaintiff and others associated with him for the purchase and sale of a tract of real estate on speculation. The title stood in the name of James S. Foote. The firm of Johnston & Blackwelder, real-estate agents, assuming to represent Foote, procured the sale to be made. The title was taken for the partnership in the name of John S. Shelton, as trustee, who agreed to act in accordance with the partnership agreement and such instructions as might be given him, and…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J.:
The only meritorious question presented is whether the declarations of Blackwelder in disparagement of his right, while he still claimed an interest in the property in controversy, were admissible against his assignee. The plaintiff in error makes all the arguments for the exclusion of ordinary hearsay testimony. They do not apply to admissions of this character. The cases are cited which reject such evidence. The weight of reason and of authority is in favor of its admission. The history of the development of the rule and all the…
2Cases cited4 opinions
- Sumner v. CookSupreme Court of Kansas · 1873
- Crawford v. CrawfordSupreme Court of Kansas · 1899
- Scheble v. JordanSupreme Court of Kansas · 1883
- Osborne v. OsborneSupreme Court of Kansas · 1885
3Cited by4 opinions
- Boese v. CraneSupreme Court of Kansas · 1958
- Corson v. OakleySupreme Court of Kansas · 1933
- Robertson v. WanglerSupreme Court of Kansas · 1920
- Miller v. DitlingerSupreme Court of Kansas · 1909