Snyder v. Wheeler
Supreme Court of Kansas
Appeal from Butler district court; Granville P. Aikman, judge. STATEMENT. This action was to quiet title and to cancel á contract purporting to have been made by the plaintiff’s agent with the defendant for the exchange of the plaintiff’s land in Butler county for land in Gray county, on the ground that the execution thereof was not authorized; also, to cancel a deed purporting to convey the land, on the grounds that it had not been delivered and was without consideration.
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Appeal from Butler district court; Granville P. Aikman, judge. STATEMENT. This action was to quiet title and to cancel á contract purporting to have been made by the plaintiff’s agent with the defendant for the exchange of the plaintiff’s land in Butler county for land in Gray county, on the ground that the execution thereof was not authorized; also, to cancel a deed purporting to convey the land, on the grounds that it had not been delivered and was without consideration. The answer averred the due execution of the contract'and its subsequent ratification ; the performance of the agreement…
1Opinion of the Court
*512The opinion of the court was delivered by
Benson, J.:
The defendant contends that there was a departure in the reply; that the allegations concerning the telephone right and the rental of the premises, if pleaded at all, should have been set out in a supplemental petition, and can not be considered as grounds of relief; that this was an action to cancel a contract because the alleged agent who signed it was not authorized to do so, and the plaintiff could not set up other grounds in his reply. It is true that the plaintiff in his petition relied upon the fact that he had not authorized the…
2Cases cited2 opinions
- Rossiter v. MerrimanSupreme Court of Kansas · 1909
- Fowler v. MarshallSupreme Court of Kansas · 1883
3Cited by2 opinions
- Home State Bank v. School District No. 17Supreme Court of Kansas · 1917
- Teisinger v. HardyMontana Supreme Court · 1931