Read v. Loftus
Supreme Court of Kansas
Appeal from Leavenworth district court; James H. Gillpatrick, judge. STATEMENT. This action was brought by William S. Read, against Mary R. Loftus and Thomas J. Loftus, for the cancellation of a note and mortgage and the rescission of a contract under which they were given.
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Appeal from Leavenworth district court; James H. Gillpatrick, judge. STATEMENT. This action was brought by William S. Read, against Mary R. Loftus and Thomas J. Loftus, for the cancellation of a note and mortgage and the rescission of a contract under which they were given. This contract was made by letter, as follows: “Leavenworth, Kan., March 19, 1906. “Mrs. Mary R. Loftus and Thomas J. Loftus, Leavenworth, Kan.: “Dear Sir — This will formally advise you that I will accept a warranty deed for real estate described as lots number twenty-two (22) and twenty-three (23) in block seventy-two…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The defendants predicate error upon the orders overruling an objection to evidence under the petition, a demurrer to the evidence, and a motion to set aside the findings of fact. It is argued that the contract was merged in the deed and mortgage, and that the only remedy in case the title is defective or should fail is upon the covenants of the deed; also, that the plaintiff waived any right to rescission by long-continued delay. It is further urged that the amount allowed for improvements was excessive, and that the defendants were entitled…
2Cases cited6 opinions
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Slocum v. BracySupreme Court of Minnesota · 1893
- Hollingsworth v. ColthurstSupreme Court of Kansas · 1908
- King Bros. v. Perfection Block Machine Co.Supreme Court of Kansas · 1910
- Hampe v. HigginsSupreme Court of Kansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
- Palmer v. the Land & Power Co.Supreme Court of Kansas · 1952
- Sailer v. FurcheTexas Commission of Appeals · 1930
- Buck v. SimpsonSupreme Court of Oklahoma · 1917
- Peatling v. BairdSupreme Court of Kansas · 1950
13 more not listed; retrieve them via the Exa API.