Arnett v. Wescott

Citations

• 107 Kan. 693
• 193 P. 377
• 1920 Kan. LEXIS 150

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Contract for Sale of Land — Memorandum in Writing — Statute of Frauds. The statute of frauds does not require that the memorandum.' of sale shall consist of a single instrument. Where a contract for the sale and purchase of real estate is not of itself sufficient, being signed only by the purchaser and a third party who has no title, but who represents the vendors through an oral arrangement with them, and at the same time the vendors execute their warranty deed- pursuant to the contract of sale to be delivered to the grantee on his compliance with the conditions of the sale, such deed, although undelivered, may be considered and construed together with the contract of sale, and if from both the contract sufficiently appears, specific performance thereof will be decreed. (Schneider v. Anderson, 75 Kan. 11, 88 Pac. 525.)</p> <p>2. Same — Evidence Sustains Findings. Evidence considered, and held sufficient to sustain the findings and judgment.</p>