Battey v. Beebe
Supreme Court of Kansas
Error from Marion District Court. The defendant in error (plaintiff in the court below) brought his action against the plaintiff in error (defendant in the court below), before a justice of the peace of Marion county, on January 17, 1877, to recover the first three installments of purchase-money agreed to be paid by the following contract for certain town lots: “This agreement, made this 10th day of July, 1873, by and between R. T. Battey of the first part, of Marion Centre,…
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Error from Marion District Court. The defendant in error (plaintiff in the court below) brought his action against the plaintiff in error (defendant in the court below), before a justice of the peace of Marion county, on January 17, 1877, to recover the first three installments of purchase-money agreed to be paid by the following contract for certain town lots: “This agreement, made this 10th day of July, 1873, by and between R. T. Battey of the first part, of Marion Centre, in the state of Kansas, and W. B. Beebe of the second part, of Cadiz, in the state of Ohio, Witnesseth, That the said…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The plaintiff in error insists, first, that the trial court erred in refusing a new trial; and second, in denying his motion for judgment on the findings, and ren*88dering judgment for the defendant in error. The theory of his counsel is, that as his client had never taken possession and never exercised any ownership over the land, and had repudiated the entire contract, the defendant in error had two remedies. An action at law for damages for the breach of the contract, and the measure of his damages, would be the actual loss in the…
2Cases cited5 opinions
- Courtney v. WoodworthSupreme Court of Kansas · 1872
- Goodpaster v. PorterSupreme Court of Iowa · 1860
- Harrington v. HigginsNew York Supreme Court · 1837
- Paine v. . BrownNew York Court of Appeals · 1867
- Bagley v. EatonCalifornia Supreme Court · 1855
3Cited by5 opinions
- Silfvast v. AsplundMontana Supreme Court · 1933
- Stevens v. IrwinWashington Supreme Court · 1925
- Foley v. DwyerMichigan Supreme Court · 1900
- Huston v. VollenweiderMontana Supreme Court · 1935
- Sooter v. JanesSupreme Court of Oklahoma · 1916