Lister v. Batson
Supreme Court of Kansas
Error from Jackson District Court. Batson filed his petition in the court below on the fifth day of March, 1869, alleging that Distar, on the first day of said month, made an agreement with said plaintiff to sell him a certain tract of land for the sum of $1,400, and to execute to said plaintiff a good and sufficient deed therefor on the third day of March. The petition alleged a breach of said agreement, and demanded judgment for one thousand dollars damages.
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Error from Jackson District Court. Batson filed his petition in the court below on the fifth day of March, 1869, alleging that Distar, on the first day of said month, made an agreement with said plaintiff to sell him a certain tract of land for the sum of $1,400, and to execute to said plaintiff a good and sufficient deed therefor on the third day of March. The petition alleged a breach of said agreement, and demanded judgment for one thousand dollars damages. Dister answered —first, general denial; second, that the defendant was a married man; that said land was his “ homestead,” occupied as…
1Opinion of the Court
The opinion of the court was delivered by
Saeford, J.:
This was an action brought to recover damages for the breach of a parol agreement for the sale of land. By the terms of the agreement, as appears from the pleadings and the proofs, Lister was to convey to Batson certain described lands upon an agreed consideration, and at a specified time, to-wit, on the next day but one after the making thereof. He reserved the right to occupy the dwelling situate on the premises for the period of four weeks, and to remove certain trees .and shrubs there planted and growing. Nothing was paid on account of…
2Cited by5 opinions
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