Neiderlander v. Starr
Supreme Court of Kansas
Motion for Rehearing. The facts sufficiently appear in Neiderlander v. Starr, supra, and in the opinion herein, filed at the session of the court in July, 1893.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In the opinion handed down by Strang, C., the judgment of the trial court was affirmed, upon the ground that the plaintiff failed to show that Jacob Dold, the party desiring to buy the farm of Starr, was ready at any time to comply with the terms of his contract. It was also remarked in the opinion that the plaintiff was not ready to close the trade, because he was not in possession of $2,000 to make the cash payment. The trial court sustained a demurrer to the plaintiff’s evidence. Such a demurrer admits every fact and conclusion which…
2Cases cited2 opinions
- Christie v. BarnesSupreme Court of Kansas · 1885
- Stewart v. FowlerSupreme Court of Kansas · 1887
3Cited by13 opinions
- Acker v. NormanSupreme Court of Kansas · 1906
- Bleecker v. MillerSupreme Court of Oklahoma · 1914
- Wheelan v. HuntSupreme Court of Oklahoma · 1913
- DeYoung v. ReilingSupreme Court of Kansas · 1948
- Equitable Life Assurance Soc. of United States v. HomeSupreme Court of Oklahoma · 1939
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