Boothe v. Dailey

Citations

• 103 Kan. 255
• 173 P. 283
• 1918 Kan. LEXIS 237

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Conveyance of Land — Payment in Installments — Conveyance by Vendor to Third Party — Rights of Vendee. Where a vendor contracts to convey real property on the payment of a certain sum in installments, and is paid a number of installments, and then makes k conveyance to a third party, the damages sustained by the vendee on account of the conveyance may be recovered from the vendor; but, where the third party can be compelled to perform the contract, none of the amounts paid the vendor, and neither the value of permanent improvements made by the vendee, nor the increase in the value of the property, can be recovered from the vendor, unless there is a rescission of the contract.</p>