Brownson v. Perry

Citations

• 71 Kan. 578
• 81 P. 197
• 1905 Kan. LEXIS 186

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Sale of Land. A written instrument certifying that the owner of a tract of land has agreed to convey it to' a person named for a stipulated price, and containing a statement that “it is further noted” that such person is to pay such price, the time of conveyance and payment being fixed, when properly executed constitutes a mutually binding contract for the sale and purchase of such land.</p> <p>2. - Acceptance by Purchaser — Omission to Sign. Where the person named in such a contract as the purchaser accepts and acts upon it this is equivalent to its execution by him, and his omission to sign it is immaterial.</p> <p>3. - Demurrer Improperly Sustained. The record examined and held not to justify the sustaining of a demurrer to the evidence.</p>