Legal Opinion

Craft v. Bent

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 8 opinions

Error from Labette District Oowrt. Action brought by G. H. Bent, B. F. WilUams, and FT. H. McOlavn, to compel the specific performance of a contract made by Graft to convey to them a certain tract of land. The case was heard upon demurrer to the petition, at the July Term, 1870, of the district court. Judgment was given for the plaintiffs below. Graft brings the case to this court on error.

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Error from Labette District Oowrt. Action brought by G. H. Bent, B. F. WilUams, and FT. H. McOlavn, to compel the specific performance of a contract made by Graft to convey to them a certain tract of land. The case was heard upon demurrer to the petition, at the July Term, 1870, of the district court. Judgment was given for the plaintiffs below. Graft brings the case to this court on error. The facts are stated in the opinion 1. The petition did not state facts which entitled the plaintiffs below to. a decree. The contract was made concerning lands belonging to the government, and not owned…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

On the first day of June, 1869, plaintiff and defendants entered into a written contract by which plaintiff sold to defendants a certain tract of land in Labette county, and bound himself-to convey the same “by a good and sufficient deed of warranty, on or before the first day of January 1870, or as soon thereafter • as a title can be obtained by the said Craft.from the IT. S. government.” Not complying with his contract,.defendants brought their action in the district court to compel.the execution of a deed. A demurrer was filed to their…

2Cited by8 opinions

  1. In Re Estate of ShirkSupreme Court of Kansas · 1960
  2. Hampe v. SageSupreme Court of Kansas · 1912
  3. Hume v. TurnerOregon Supreme Court · 1902
  4. Payne v. First National BankSupreme Court of Kansas · 1876
  5. State v. BrothertonSupreme Court of Kansas · 1930

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