Madden v. Cheshire Provident Institution
Supreme Court of Kansas
Error front Shawnee district court; Alston W. Dana, judge. STATEMENT. E. F. Madden sued the defendants in error to recover damages in the sum of $1400 ‘for refusing to convey certain real estate, which he claimed the defendants had agreed to sell him under a written contract. On the trial the court .sustained a demurrer to the evidence, and plaintiff brings error. The material facts are as follow: The real estate is located at Hays and is known as the Brunswick hotel.
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Error front Shawnee district court; Alston W. Dana, judge. STATEMENT. E. F. Madden sued the defendants in error to recover damages in the sum of $1400 ‘for refusing to convey certain real estate, which he claimed the defendants had agreed to sell him under a written contract. On the trial the court .sustained a demurrer to the evidence, and plaintiff brings error. The material facts are as follow: The real estate is located at Hays and is known as the Brunswick hotel. It belonged to the Cheshire Provident Institution of Keene, New Hampshire, an insolvent corporation, of which Orville E. Cain…
1Opinion of the Court
*418The opinion of the court was delivered by
Porter, J.:
Several propositions are discussed in the briefs which, in the view we have taken of the case, it will be unnecessary to consider at length. Considerable ingenuity is displayed in two contentions: (1) It is said that if it were essential to the making of a binding contract that, the fact of acceptance be communicated to Madden,' it was communicated to him when Noble & Co. received the letter from the assignee authorizing them to deliver the deeds which had been duly executed. (2) It is contended that the deeds were actually deposited in…
2Cases cited3 opinions
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- Hegenmyer v. MarksSupreme Court of Minnesota · 1887
- Winter v. CareyMissouri Court of Appeals · 1907
3Cited by4 opinions
- McMichael v. BurnettSupreme Court of Kansas · 1933
- Rinebarger v. WeesnerSupreme Court of Kansas · 1914
- Campbell v. WilcoxenSupreme Court of Kansas · 1932
- Quinn v. PhippsSupreme Court of Florida · 1927