McMurry v. Fletcher
Supreme Court of Kansas
Error from Reno District Court. February 14, 1880, defendants Fletcher and others recovered a judgment against plaintiffs J. & C. McMurry, who bring the case here. The nature of the action, and the facts, appear in the opinion.
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Error from Reno District Court. February 14, 1880, defendants Fletcher and others recovered a judgment against plaintiffs J. & C. McMurry, who bring the case here. The nature of the action, and the facts, appear in the opinion. The court erred in receiving in evidence the pretended deed to J. & C. McMurry & Co., for the following reasons: First, that under no circumstances should a deed be made to a partnership, even in case a contract be made with a partnership under its firm-name, and hence a tender of such a deed was not a compliance with even the original contract. Such a deed must always…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J. i
This action was brought by J. McMurry and C. McMurry, partners as J. & C. McMurry & Co., against E. E. Fletcher and others, to recover from the defendants the sum of $2,000 on a certain contract in writing, dated February 5, 1877, in which contract J. & C. McMurry & Co. were the parties of the first part, and E. E. Fletcher was the party of the second part, and which contract provided among other things as follows:
“ The second party agrees to execute and deliver first parties, or their assigns, a good and sufficient warranty deed…
2Cases cited1 opinion
- McMurry v. FletcherSupreme Court of Kansas · 1880
3Cited by1 opinion
- Campbell v. WarnbergSupreme Court of Kansas · 1931