Bassett v. Woodward
Supreme Court of Kansas
Error from Labette District Court. Action to compel specific performance of contract, brought by Woodward as plaintiff against Bassett and Kuykendall. The case is fully stated in the opinion of the court. Trial at the November Term 1871 of the district court. Findings and judgment in favor of plaintiff and against the defendants. Bassett alone appeals.
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Error from Labette District Court. Action to compel specific performance of contract, brought by Woodward as plaintiff against Bassett and Kuykendall. The case is fully stated in the opinion of the court. Trial at the November Term 1871 of the district court. Findings and judgment in favor of plaintiff and against the defendants. Bassett alone appeals. Kuykendall is not joined either as a plaintiff or a defendant in this court. 1. A demand of the relief to which the party supposes himself entitled must be contained in the petition; and no other relief can be granted by the court rightfully.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The defendant in error brought his action in the district court of Labette county against plaintiff in error *343and one Josiah Kuykendall to compel a specific performance of a contract to sell real estate. In his petition he alleged a written contract on the part of Bassett to sell him the real estate at any time within eight days on the payment of $3,500; that Kuykendall had notice of this written contract; that within the eight days he tendered the $3,500 and demanded a deed, but that Bassett, combining with Kuykendall to cheat and defraud…
2Cited by2 opinions
- Board of County Commissioners v. HarveySupreme Court of Oklahoma · 1897
- Pierce v. DowneySupreme Court of Kansas · 1896