Hollis v. Burgess
Supreme Court of Kansas
Error from Norton District Court. Action for specific performance of contract to convey real estate. Trial by the court, at the October Term, 1885. The court made findings of fact and conclusions of law as follows : “ 1. On the 26th day of January, 1885, and for a long timé prior thereto, the said Solomon M. Hollis was the owner of the foregoing described land, situate and being in the county of Norton, and state of Kansas, to wit: the southwest quarter of section number…
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Error from Norton District Court. Action for specific performance of contract to convey real estate. Trial by the court, at the October Term, 1885. The court made findings of fact and conclusions of law as follows : “ 1. On the 26th day of January, 1885, and for a long timé prior thereto, the said Solomon M. Hollis was the owner of the foregoing described land, situate and being in the county of Norton, and state of Kansas, to wit: the southwest quarter of section number twenty-one, in township number two south, of range number twenty-two west. “ 2. This tract of land was also called by and…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
*494 1 Sale of land-contract in letters.
*493The letters contained in the findings embody a definite contract to sell the land, and we think the court rightly held it enforceable. The correspondence be*494tween Hollis the owner and Burgess the proposed purchaser was carried on through one Marsh, who to a certain extent acted for each. The letters of Hollis áddressed to Marsh relating to the land were intended for, and were communicated to, Burgess, and Marsh acted for Burgess in writing and transmitting his replies to the proposals made by Hollis.'…
2Cases cited2 opinions
- Edwards v. FrySupreme Court of Kansas · 1872
- Gray v. CrockettSupreme Court of Kansas · 1886
3Cited by29 opinions
- Allen v. KitchenIdaho Supreme Court · 1909
- Ray v. WoosterSupreme Court of Missouri · 1954
- Howard v. AdkinsIndiana Supreme Court · 1906
- Ames v. AmesIndiana Court of Appeals · 1910
- Bates v. HarrisCourt of Appeals of Kentucky · 1911
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