Brown v. McCrie

Citations

• 77 Kan. 230
• 94 P. 144
• 1908 Kan. LEXIS 249

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale op Land — Action for Purchase-price — Breach of Contract ■ for a Deed — Defendant in Possession — Equitable Relief. In an action by a vendor to recover the purchase-price of land sold under a contract which provided that the vendor should make a sufficient deed and furnish an abstract showing perfect title the answer and cross-petition admitted that defendant secured possession under the contract, but alleged that plaintiff had failed to tender a sufficient conveyance; that the abstract tendered disclosed an outstanding claim against, the land, the holder of which had threatened to eject defendant, and had commenced an action against him in -ejectment and for rents and profits. It also alleged a refusal on the part of plaintiff to correct the defects in the title, and averred a willingness to pay the balance when the title should be perfected. It asked that plaintiff be required to perfect the title, and for other affirmative relief. Held, that it was the duty of the court to overrule the demurrer to the answer and cross-petition and retain the cause until the equitable rights of the parties could be determined.</p>