Baldwin v. Baldwin

Citations

• 73 Kan. 39
• 84 P. 568
• 1906 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Parol Agreement to Convey Land — Possession as Part Performance. In a suit to enforce a parol agreement to convey land, where possession is relied upon as part performance to take the case out of the statute of frauds, the character of the possession is of the greatest importance. It must be notorious, exclusive, continuous, and in pursuance of the contract.</p> <p>2. -Insufficient Instruction. An instruction that plaintiff is entitled to recover if he has proved that he was placed in possession of the land under the contract held insufficient under the conceded facts in the case.</p>