Thornburgh v. Cole
Supreme Court of Kansas
Error from Leavenworth District Court. On the 11th day of February, 1867, the plaintiff) John 'Thornburgh, the owner of the S.W.J of sec. 30, T. 7, range 21, situate in Leaveuworth county, agreed to sell to one Melinda D. Ballinger, his sister, the W.-J of said quarter, less six acres thereof; and with his wife executed the following bond: “Know all men by these presents, that we, John Thorn-burgh and Rachel his wife, both of the county of Leavenworth and state of Kansas,…
Read the full summary
Error from Leavenworth District Court. On the 11th day of February, 1867, the plaintiff) John 'Thornburgh, the owner of the S.W.J of sec. 30, T. 7, range 21, situate in Leaveuworth county, agreed to sell to one Melinda D. Ballinger, his sister, the W.-J of said quarter, less six acres thereof; and with his wife executed the following bond: “Know all men by these presents, that we, John Thorn-burgh and Rachel his wife, both of the county of Leavenworth and state of Kansas, are held and firmly bound unto Melinda Ballinger in the sum of four thousand dollars, for the payment of which we do bind…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is contended on the part of the plaintiff in error that the court below ought to have overruled the demurrer to the first count or cause of action set forth in the .amended petition filed on February 2,1881. The argument is, that the plaintiff was entitled to a rescission of the contract for a conveyance of the real estate in controversy under the facts alleged in such amended petition. It is said that so long as the right to'specific performance exists in the one party to the contract, the other party possesses the right to have…
2Cases cited4 opinions
- Courtney v. WoodworthSupreme Court of Kansas · 1872
- Maduska v. ThomasSupreme Court of Kansas · 1870
- Shively v. BeesonSupreme Court of Kansas · 1880
- O'Neill v. MartinSupreme Court of Kansas · 1881
3Cited by15 opinions
- Harris v. CurranSupreme Court of Kansas · 1884
- Meddis v. WilsonSupreme Court of Missouri · 1903
- Bishop v. MuglerSupreme Court of Kansas · 1885
- Reed v. KinnikSupreme Court of Pennsylvania · 1957
- Myers v. CoonradtSupreme Court of Kansas · 1882
10 more not listed; retrieve them via the Exa API.