Legal Opinion

Galbraith v. Galbraith

Supreme Court of Kansas

Decided February 15, 1870PublishedCited by 12 opinions

Error from Miami County. The facts of the case appear in the subjoined opinion of the court: 1. The authorities all agree that a contract in parol for the sale of real estate, with such part performance as the record shows in this case, can, and will be specifically-enforced by a court of equity. Fry on Spec.

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Error from Miami County. The facts of the case appear in the subjoined opinion of the court: 1. The authorities all agree that a contract in parol for the sale of real estate, with such part performance as the record shows in this case, can, and will be specifically-enforced by a court of equity. Fry on Spec. Per/., §§ 388-417; Brown on Stat. of Fr., 443-487; Powell on Gont., 299; Newland on Gont., 181; Sugden on Vend., 105 ; 6 Blackf, 21; 4 Kenfs Corns., 451; 33 111, 316; 3 Grant, [Penn.,] 74; 15 Ioioa, 455, 504; 3 Stockton, [IV. ./.,] 151; 2 Story, Fq. Jur., §761; 18 Conn., 259; 17 Ind.,…

1Opinion of the Court

By the Court,

Kingman, C. J.

The plaintiff in error filed his petition seeking the specific performance of a verbal agreement for the conveyance of a certain tract of one hundred and sixty acres of land in Miami county. To this petition a demurrer was interposed, alleging as cause of demurrer, that the facts stated in the petition were not sufficient to constitute a cause of action. The demurrer was sustained, from which ruling the plaintiff brings the case to this court for review. In the present state of the case the statements made in the petition are taken as true; and in brief show, *407that…

2Cases cited1 opinion

  1. Hawkins v. HuntIllinois Supreme Court · 1852

3Cited by12 opinions

  1. Baldwin v. BaldwinSupreme Court of Kansas · 1906
  2. Frame v. FrameWest Virginia Supreme Court · 1889
  3. Flanigan v. WatersSupreme Court of Kansas · 1896
  4. McFerran v. McFerranIndiana Supreme Court · 1879
  5. Newkirk v. MarshallSupreme Court of Kansas · 1886

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