Guthrie v. Anderson
Supreme Court of Kansas
Error from Atchison District Court. On tjie 10th day of July, 1888, Nicholas Anderson brought his action against W. W. Guthrie, to recover $1,800, with interest thereon from the 3d day of June, 1888, for a balance of purchase-money upon the following written memorandum: “The undersigned, husband and wife, owners in fee-simple, with title perfect and all taxes paid up to and including 1887, of lot 8, in block 39, old Atchison, city of Atchison, Kas., hereby bargain to sell…
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Error from Atchison District Court. On tjie 10th day of July, 1888, Nicholas Anderson brought his action against W. W. Guthrie, to recover $1,800, with interest thereon from the 3d day of June, 1888, for a balance of purchase-money upon the following written memorandum: “The undersigned, husband and wife, owners in fee-simple, with title perfect and all taxes paid up to and including 1887, of lot 8, in block 39, old Atchison, city of Atchison, Kas., hereby bargain to sell the same to W. W. Guthrie at and for the price of $2,000, $200 cash in hand paid, and the other $1,800 to be paid three…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
*385 l. Frauds, statute of.
2. Written memorandum, not enforced. *384The principal question for determination in this case is whether W. W. Guthrie, the alleged purchaser of the land or lot described in the petition, can be compelled to pay the balance claimed to be due upon the written memorandum, dated March 3, 1888, and signed, “N. Anderson” and “Sophie Anderson.” It appears from the evidence that Mr. Guthrie prepared, or caused to be prepared, the memorandum. It is an executory agreement upon the part of Anderson and wife, and not a completed…
2Cases cited9 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Justice v. . LangNew York Court of Appeals · 1870
- Worrall v. . MunnNew York Court of Appeals · 1851
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
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3Cited by17 opinions
- Harper v. GoldschmidtCalifornia Supreme Court · 1909
- Roberts v. YawSupreme Court of Kansas · 1900
- Horton v. HainesSupreme Court of Oklahoma · 1909
- Beckwith v. ClarkCourt of Appeals for the Eighth Circuit · 1911
- Steele v. NelsonSupreme Court of Kansas · 1934
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