Baldwin v. Baldwin
Supreme Court of Kansas
Error from Clay district court; Sam Kimble, judge. STATEMENT. This is a proceeding in error to reverse a judgment rendered against the plaintiff in error as defendant in an action for damages for the breach of a parol agreement to convey certain land, consisting of a farm in Clay county.
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Error from Clay district court; Sam Kimble, judge. STATEMENT. This is a proceeding in error to reverse a judgment rendered against the plaintiff in error as defendant in an action for damages for the breach of a parol agreement to convey certain land, consisting of a farm in Clay county. Albert Baldwin, now past ninety-six years of age, is the father of John Baldwin, the defendant in error, and in 1893 owned an eighty-acre farm; upon which he was living with an unmarried daughter. John Baldwin, with his family, was then visiting at his father’s farm, on the way to take up land in Oklahoma. He…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Defendant in error contends that by filing a general denial, and failing to plead the statute of frauds, plaintiff in error waived any defense under the statute. The petition alleged a contract to convey lands, but was silent as to whether the contract was in writing or parol. Plaintiff offered evidence of a parol contract, and the case appears to have been tried upon the theory that the statute of frauds was a defense, except as certain facts relied upon by plaintiff served to avoid the statute. It was said in Wiswell v. Tefft et al., 5…
2Cases cited10 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Edwards v. FrySupreme Court of Kansas · 1872
- Brown v. HoagSupreme Court of Minnesota · 1886
- Baldwin v. SquierSupreme Court of Kansas · 1884
- Flanigan v. WatersSupreme Court of Kansas · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Meador v. ManloveSupreme Court of Kansas · 1916
- Williams v. BaileySupreme Court of Florida · 1915
- Fish v. PoormanSupreme Court of Kansas · 1911
- Nash v. HarringtonSupreme Court of Kansas · 1922
- Wooddell v. AllbrechtSupreme Court of Kansas · 1909
27 more not listed; retrieve them via the Exa API.