Alexa v. Alexa

Citations

• 108 Kan. 38
• 193 P. 1083
• 1920 Kan. LEXIS 546

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Agreement of Father to Give His Property tó His Son — Request for Separate Conclusions of Fact and Law. The record examined, and held, that the special findings of fact made by the trial court fully complied with the rule of the code requiring separate conclusions of fact to be stated in writing when requested by a litigant, and held, that no error transpired in the trial court’s refusal to adopt those submitted by the plaintiff.</p> <p>2. Same — Nature of Special Findings Required by Statute. The special findings which the code directs the trial court to state in writing, at the request of a litigant, are those which deal with the ultimate facts upon which the rights of the parties directly depend and from which the correctness of the judgment can obviously and readily be ascertained, not the merely evidentiary facts upon which the ultimate facts in issue are established.</p> <p>3. Same — Request for Separate Conclusions of Law and Fact — Requirement of Code Satisfied by the Conclusions Found. In an action to enforce an alleged oral contract between plaintiff and his parents in which it was agreed that he was to have all his father’s property at his father’s death, subject only to a life estate in his mother’s favor if she survived her husband, the code requirement (Civ. Code, §297, Gen. Stat. 1915, § 7197) that conclusions of fact be made separately from the trial court’s conclusions of law, when requested by either party, was satisfied when the trial court found separately, upon competent and sufficient evidence, that there never was any such agreement between plaintiff and his parents.</p>