Bolinger v. Brake
Supreme Court of Kansas
Error from the Court of Appeals, Southern Department. On May 29, 1891, L. A. Brake obtained a judgment against L. Bolinger and Rosa Bolinger, husband and wife, in the District Court of Bourbon County for the sum of $529.62 as damages for a partial breach of the covenant of seizin in a deed for certain lots in Mapleton in said county. The judgment was affirmed by the Court of Appeals, July 31, 1896. 4 Kan.
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Error from the Court of Appeals, Southern Department. On May 29, 1891, L. A. Brake obtained a judgment against L. Bolinger and Rosa Bolinger, husband and wife, in the District Court of Bourbon County for the sum of $529.62 as damages for a partial breach of the covenant of seizin in a deed for certain lots in Mapleton in said county. The judgment was affirmed by the Court of Appeals, July 31, 1896. 4 Kan. App. 180. The rule applied by the District Court, and approved by the Court of Appeals, as the measure of damages, being earnestly challenged by the plaintiffs in error, this court ordered…
1Opinion of the CourtMartin, C. J.
We are satisfied with the decision of the Court of Appeals, and will only add some observations upon the principal point at issue. The consideration paid for the lots was $1,100. It was shown by the evidence that Brake had obtained from the defendants the title to an undivided 4-9ths of four lots in block 40 and to an undivided 5-9ths of the lots in block 39, and the Court instructed the jury to assess the plaintiff’s damages at 5-9ths of the consideration paid for the lots in block 40, and 4-9ths of the consideration paid for block 39, together with interest at seven per cent, per annum from…
Also in this document: Concurrence.
2Cases cited7 opinions
- Dale v. ShivelySupreme Court of Kansas · 1871
- Scoffins v. GrandstaffSupreme Court of Kansas · 1874
- Smith v. DavisSupreme Court of Kansas · 1890
- Hammerslough v. HackettSupreme Court of Kansas · 1892
- McKee v. BainSupreme Court of Kansas · 1873
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3Cited by8 opinions
- Harrington v. LoweSupreme Court of Kansas · 1906
- Ratcliff v. PaulSupreme Court of Kansas · 1923
- Wilder v. WilhiteSupreme Court of Kansas · 1962
- Maxwell v. ReddSupreme Court of Kansas · 1972
- Guarantee Title & Trust Co. v. Viola State BankSupreme Court of Kansas · 1928
3 more not listed; retrieve them via the Exa API.