Burnell v. Bradbury

Citations

• 67 Kan. 762
• 74 P. 279
• 1903 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Conveyance—Time Not Specified, a contract for the conveyance of real estate in which the time of performance is optional with the grantee is not for this reason lacking in mutuality, if otherwise formal and specific. Either party may within a reasonable time perform or tender performance and thereupon a right of action will accrue against the defaulting party.</p> <p>2. - Want of Mutuality Not a Defense. The want of mu- ■ tuality is not a defense to an action for specific performance, where the party seeking the relief has fully fulfilled all the conditions of the contract.</p> <p>3. - Limitation of Action. The statute of limitations will not commence to run against a cause of action on an executory contract to enforce specific performance while the grantor is receivr ing from the grantee payments on the contract as part perform-; anee thereof.</p> <p>4. - Statute of Frauds — Possession and Improvements, The statute of frauds will not defeat an action to enforce specific performance of an oral contract to convey real estate where the grantee, with the knowledge and consent of the grantor, went into the actual and exclusive possession of the land under the contract and made permanent improvements thereon exc§eding m value the contract price of the land.</p>