Samson v. Zimmerman
Supreme Court of Kansas
Error from Shawnee district court; Robert C. Heizer, judge pro tern. STATEMENT. This action was brought by Johanna Henrietta Zimmerman, since deceased, against the defendant, William Zimmerman, in the district court of Shawnee county, to recover damages for the breach of a warranty in a deed executed by the defendant to the plaintiff in 1883, purporting to convey certain real estate in that county, with the usual covenants of warranty and for the consideration of $1500. The…
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Error from Shawnee district court; Robert C. Heizer, judge pro tern. STATEMENT. This action was brought by Johanna Henrietta Zimmerman, since deceased, against the defendant, William Zimmerman, in the district court of Shawnee county, to recover damages for the breach of a warranty in a deed executed by the defendant to the plaintiff in 1883, purporting to convey certain real estate in that county, with the usual covenants of warranty and for the consideration of $1500. The case was tried to a jury, and they returned the following verdict, omitting the title, viz.: “We, the jury impaneled and…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The case was brought here on a transcript, and of course does not include the evidence, nor the instructions to the jury; so practically the only question presented, for our determination is whether the court should have rendered judgment upon the general verdict in favor of the plaintiff, or, in other words, whether the court erred in disregarding the general verdict and rendering judgment upon the special findings of fact in favor of the defendant.
It will be observed that the general verdict is in favor of the plaintiff, and all'the special…
2Cases cited2 opinions
- Anderson v. PierceSupreme Court of Kansas · 1901
- Seeds v. American Bridge Co.Supreme Court of Kansas · 1904
3Cited by5 opinions
- Lesher v. Carbon Coal Co.Supreme Court of Kansas · 1928
- Turner v. NicholsonSupreme Court of Oklahoma · 1930
- Stevens v. KeeganSupreme Court of Kansas · 1923
- Mack-Welling Lumber & Supply Co. v. BedoreSupreme Court of Kansas · 1963
- Pettes v. JonesNew Mexico Supreme Court · 1937