Wallerius v. Hare

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from an order sustaining a demurrer to a petition seeking specific performance of an agreement for the sale of land.

The facts as disclosed by the second amended petition must be presented in considerable detail.

The defendant, Robert Hare, was the owner of a three-quarters section of land in Ottawa County' Kansas. The land was used solely for grazing cattle and Carl Nelson claimed a lease on the land for the 1962 grazing season. The pleader did not know the terms, duration or form of the purported lease and could not plead…