Bentley v. Keegan

Citations

• 109 Kan. 762
• 202 P. 70
• 1921 Kan. LEXIS 362

Syllabus

<p>SYELABUS BY THE COURT.</p> <p>1. Vendor and Purchaser — Sale of Land — Time Essence of Contract— Default of Vendee — Forfeiture of Initial Payments. One who purchases real property under a written contract in which time is made the essence thereof, and makes the initial payment but fails to make the final payments at the time specified, is not entitled to the return of any part of the initial payment upon cancellation of the contract by the vendor, where the contract provides that, on failure of the purchaser to make the final payments at the proper’ time, the initial payment shall be retained by the vendor as liquidated damages.</p> <p>2. Same — Delay in Obtaining Abstract of Title — Delay Chargeable to Purchaser. Where the purchaser of real property undertakes to satisfy the objections made by him to an abstract of title to the property, delay caused by him in satisfying those objections and in examining the abstract cannot be charged against the seller.</p> <p>3. Same — Conflicting Evidence — Findings of Fact Conclusive. The rule followed, that, where from the evidence reasonable minds may reach different conclusions, the findings of the triers of fact are conclusive.</p> <p>4. Same — Vendee’s Objection to Abstract Not Valid. -The fact that an abstract of title to real property fails to show that the seals of notaries public taking acknowledgments to instruments affecting the title were attached to the instruments is not a valid ground for objecting to the abstract where the instruments were recorded more than ten years prior to the time that the abstract is .furnished.</p> <p>5. Same — Tender of Abstract Sufficiently Pleaded. A tender of an abstract of title to real property was sufficiently pleaded.</p>