Moore v. Cox

The opinion of the court was delivered by

Harvey, J.:

This was an action by the vendee in a contract for the sale of real property to recover earnest money paid on the ground the vendor failed to perform the contract by perfecting title and conveying the property. A jury was waived. The court made findings of fact and rendered judgment for plaintiff. The vendor has appealed.

Part of the facts involved here are stated in Seaverns v. Taylor, 133 Kan. 268, 299 Pac. 931. For our purposes it is sufficient to say that Susan H. Seaverns, an elderly widow, owned land in Wallace *26county, where she…