Northern Kansas Town Co. v. Oswald
Supreme Court of Kansas
Error from Washington District Court. The district court, at the December Term 1874, sustained a demurrer to the plaintiff’s petition, and gave judgment in favor of defendants Oswald and wife, for costs. The plaintiff, the Northern Kansas Land and Town Company, appeals, and brings the case here on error. submitted, that all contracts in writing, in this state, signed by the party, import a consideration.
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Error from Washington District Court. The district court, at the December Term 1874, sustained a demurrer to the plaintiff’s petition, and gave judgment in favor of defendants Oswald and wife, for costs. The plaintiff, the Northern Kansas Land and Town Company, appeals, and brings the case here on error. submitted, that all contracts in writing, in this state, signed by the party, import a consideration. (Gen. Stat., §7,-page 183;) that the bond sued upon is not void as against public policy, unless it appears that sinister and corrupting influences were brought to bear on the company to…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a certain title-bond, executed by the defendant Andrew Oswald to the plaintiff, requiring the defendants to convey to the plaintiff certain real estate upon certain conditions. The bond was in the usual and ordinary form in which such instruments are usually executed. The plaintiff alleged in his petition that all the conditions of such bond had been fulfilled, and prayed that the defendants be compelled to convey to the plaintiff said real estate, or, that if they had disabled themselves from so doing, that they be…
2Cases cited5 opinions
- McCarty v. BeachCalifornia Supreme Court · 1858
- Caples v. BranhamSupreme Court of Missouri · 1855
- Bush v. StevensNew York Supreme Court · 1840
- Towsley v. OldsSupreme Court of Iowa · 1858
- Wills v. KemptCalifornia Supreme Court · 1860
3Cited by5 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1908
- Stern v. DeutschCourt of Appeals of Kansas · 1900
- Baird v. Salina Northern RailroadSupreme Court of Kansas · 1918
- Louderman v. JudyOhio Circuit Courts · 1887