Legal Opinion

Coble v. Scherer

Court of Appeals of Kansas

Decided August 17, 1979No. 50,253PublishedCited by 4 opinions

1Opinion of the Court

Swinehart, J.:

Plaintiffs Teddie Coble and Barbara Coble appeal from a judgment denying them recovery of a $5,000 deposit on a contract for the purchase of real estate.

The plaintiffs seek reversal of the judgment on alternative grounds. (1) There was no meeting of the minds and hence no contract. (2) The contractual agreement specifically limited the liquidated damages for breach of the contract to $1,000. (3) The contract was ambiguous, and since defendant Jackson & Scherer, Inc., drafted the contract, any doubt about its provisions should be resolved against the drafter. (4) The defendant,…

2Cases cited4 opinions

  1. Steele v. HarrisonSupreme Court of Kansas · 1976
  2. Quenzer v. QuenzerSupreme Court of Kansas · 1978
  3. Desbien v. Penokee Farmers Union Cooperative Ass'nSupreme Court of Kansas · 1976
  4. Crestview Bowl, Inc. v. Womer Construction Co.Supreme Court of Kansas · 1979

3Cited by4 opinions

  1. Keil v. Glacier Park, Inc.Montana Supreme Court · 1980
  2. SOURCE DIRECT, INC. v. MantellCourt of Appeals of Kansas · 1994
  3. Brigham v. First Nat. Bank of ArizonaCourt of Appeals of Arizona · 1981
  4. Wendy's of Montana v. LarsenMontana Supreme Court · 1982

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