Shoop v. Burnside
Supreme Court of Kansas
Error from Finney district court; William Easton Hutchison, judge. STATEMENT. This is a suit for the specific performance of a contract for the sale of a quarter-section of land in Finney county. John H. Burnside is the real plaintiff. He had resided in Finney county at the time of the contract for about five years. He was well acquainted with the land and personally interested in other land in that vicinity.
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Error from Finney district court; William Easton Hutchison, judge. STATEMENT. This is a suit for the specific performance of a contract for the sale of a quarter-section of land in Finney county. John H. Burnside is the real plaintiff. He had resided in Finney county at the time of the contract for about five years. He was well acquainted with the land and personally interested in other land in that vicinity. The defendant, Martha J. Shoop, is an elderly lady of some eighty years of age. She formerly lived on the land but had moved away from it, and for fourteen years had been living in…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
In the view we have taken of this case there are but two findings of fact which we think require comment. The twenty-third finding is as follows:
“That the actual market value of the land in controversy during the latter part of September, 1905, can not be found and stated by the court from the testimony introduced, but that it was worth something more than $1000 at or about that' time.”
While it may have been difficult for the court to find the actual market value of the land at the time the contract was made, we think the evidence would have…
2Cases cited3 opinions
- Fowler v. MarshallSupreme Court of Kansas · 1883
- Reid v. MixSupreme Court of Kansas · 1901
- Bird v. LoganSupreme Court of Kansas · 1886
3Cited by15 opinions
- Stahl v. StevensonSupreme Court of Kansas · 1918
- Sutherland v. SutherlandSupreme Court of Kansas · 1961
- Haston v. Citizens State BankSupreme Court of Kansas · 1931
- Greenwood v. GreenwoodSupreme Court of Kansas · 1915
- Greenwood v. GreenwoodSupreme Court of Kansas · 1916
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