Roberts v. Yaw
Supreme Court of Kansas
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam'l W,' McElroy, judges. STATEMENT. This action was based upon the breach of a written contract for the sale and conveyance of real estate. On March 12, 1894, Frank Roberts and wife executed and delivered to Marsellus Yaw their bond for a deed to certain land in Shawnee county.
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Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam'l W,' McElroy, judges. STATEMENT. This action was based upon the breach of a written contract for the sale and conveyance of real estate. On March 12, 1894, Frank Roberts and wife executed and delivered to Marsellus Yaw their bond for a deed to certain land in Shawnee county. The bond recited that $290 had been paid by the obligee at the delivery of the instrument; that $410 was to be paid on or before August 1, 1894, and the balance of $800 on or before January 1, 1895; deferred payments to draw seven per…
1Opinion of the Court
*47The opinion of the court was delivered by
Smith, J.:
Defendants in error contend that plaintiffs in the trial court were, at most, entitled only to conditional relief under their petition, dependent upon the repayment to the obligee in the bond for a deed of the $290 paid by Yaw to Roberts at the date of the instrument, together with $13.33 taxes paid by the former. This bond for a deed is a contract unilateral in character. The obligors alone were bound by its provisions. (Guthrie v. Anderson, 47 Kan. 383, 28 Pac. 164). When the action was commenced, Yaw, defendant below, had been in default…
2Cases cited8 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Frink v. ThomasOregon Supreme Court · 1891
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Hatch v. CobbNew York Court of Chancery · 1820
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3Cited by18 opinions
- Tucker v. ThravesSupreme Court of Oklahoma · 1915
- Drollinger v. CarsonSupreme Court of Kansas · 1916
- Stevens v. McDowellSupreme Court of Kansas · 1940
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Long v. ClarkSupreme Court of Kansas · 1913
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