Legal Opinion

Huey v. Starr

Supreme Court of Kansas

Decided April 10, 1909No. 15,913PublishedCited by 8 opinions

Error from Scott district court; Charles E. Lob-, dell, judge. STATEMENT. The plaintiff in error brought this suit for the specific performance of the following contract for the sale of real estate: “This agreement, made this first day of November, 1905, by and between J. C. Starr, of Scott county, in the state of Kansas, and Mrs. L. E. Huey, of Scott county, in the state of Kansas, -witnesseth; “That said party of the first part, for the consideration hereinafter mentioned,…

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Error from Scott district court; Charles E. Lob-, dell, judge. STATEMENT. The plaintiff in error brought this suit for the specific performance of the following contract for the sale of real estate: “This agreement, made this first day of November, 1905, by and between J. C. Starr, of Scott county, in the state of Kansas, and Mrs. L. E. Huey, of Scott county, in the state of Kansas, -witnesseth; “That said party of the first part, for the consideration hereinafter mentioned, covenants and agrees to sell and convey unto said party of the second part, her heirs and assigns, all the…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

The plaintiff alleged and proved that she tendered the deferred payment of $900 on the first day of December, 1905, and that defendant Starr refused to convey the lots unless the deed or deeds contained a condition that the grantee should commence to build. *784the hotel, specified in the contract, within a certain time and complete it within a certain time, and if she failed to do so the land should revert to the grantor and the grantee should forfeit, as liquidated damages, the $1000 paid.

Upon the trial evidence was offered upon the question of…

2Cases cited1 opinion

  1. Henry v. McKittrickSupreme Court of Kansas · 1889

3Cited by8 opinions

  1. Nelson v. SchippelSupreme Court of Kansas · 1936
  2. Brush v. BoyerSupreme Court of Kansas · 1919
  3. Naugle v. NaugleSupreme Court of Kansas · 1913
  4. Parrack v. WittmanSupreme Court of Kansas · 1956
  5. Knipe v. TroikaSupreme Court of Kansas · 1914

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