Iles v. Elledge
Supreme Court of Kansas
Error from Brown District Court. Action by Elledge, who had judgment against Iles for $5,348.80, and costs, at the October Term 1875. Iles brings the case here.
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Error from Brown District Court. Action by Elledge, who had judgment against Iles for $5,348.80, and costs, at the October Term 1875. Iles brings the case here. All the facts appear in the opinion. that the contract was mutual, and that neither party can sue, Elledge on the note, nor lies for specific performance, without having tendered performance, cited, 2 Hilliard on Vendors, 71 to 92, 312, 316, 443; Layden on Vendors, 162, -245; 13 N. Y., 108; 17 Wis. 105; 21 Barb.; 324; 34 Mo. 277; 8 Ohio, 49; 19 Ohio, 354; 20 Iowa, 195; 5 Ind. 117,518. argued, that the laws of the place where the land…
1Opinion of the Court
The opinion of the court was delivered by
Hobton, C. J.:
This was an actio'n upon a promissory note. The defense was, that the note sued on was executed *297in consideration of a sale of lands made by Elledge to William A. and Matthew lies; that on such sale Elledge executed and delivered to the said Ileses a bond for a deed of the lands therein named, which recited among other things, that on the payment of the note, Elledge would execute a deed to said W. A. and M. lies to the said real estate. The case was submitted to the court, a jury being waived, and the court at the instance of the parties,…
2Cases cited4 opinions
- Beecher v. . ConradtNew York Court of Appeals · 1855
- Winton v. ShermanSupreme Court of Iowa · 1866
- Davis v. McVickersIllinois Supreme Court · 1849
- Huffman v. AckleySupreme Court of Missouri · 1863
3Cited by14 opinions
- Gordon v. MunnSupreme Court of Kansas · 1912
- Sayre v. MohneyOregon Supreme Court · 1899
- Canadian Birkbeck Investment & Savings Co. v. WilliamsonIdaho Supreme Court · 1920
- Dubois v. AndrewsSupreme Court of Oklahoma · 1915
- Soper v. GabeSupreme Court of Kansas · 1895
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