Edwards v. Fry
Supreme Court of Kansas
Error from Leavenworth District Goivrl. Alvina Fry brought her action against Samuel E. Edwards and Mary A. his wife to compel them to specifically perform an alleged contract for the sale of a tract of land.
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Error from Leavenworth District Goivrl. Alvina Fry brought her action against Samuel E. Edwards and Mary A. his wife to compel them to specifically perform an alleged contract for the sale of a tract of land. The petition alleged that the defendants “entered into an agreement ivith the plaintiff whereby they agreed to sell and did sell to the plaintiff the following tract of land, to wit, ten acres of land situate upon the south side of the Nansas Pacific railway track, being the southeast corner of the S.EJ of the S.W|- of section 26, township 10, range 21, * * * and to convey the said…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1. Parol contracts for sale of lands. 2. Delivery of possession; proof of contract. This was an action to compel a specific performance of a parol contract to sell land. Payment of about two-thirds of-the purchase-money, and tender of the remaining, .possession, and the making of valuable and lasting improvements since the contract, with the knowledge of the vendor, were the grounds upon which a decree was asked. The district court found the facts as alleged, and rendered a decree accordingly. Plaintiffs .in error, defendants below, allege…
Also in this document: Concurrence.
2Cases cited2 opinions
- Spear v. OrendorfCourt of Appeals of Maryland · 1866
- Brown v. JonesNew York Supreme Court · 1866
3Cited by42 opinions
- Gardner v. DouglassTexas Supreme Court · 1885
- Jenkins v. HodesCourt of Appeals for the Tenth Circuit · 2005
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Baldwin v. BaldwinSupreme Court of Kansas · 1906
- Scofield v. HopkinsWisconsin Supreme Court · 1884
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