Carter v. Wilson

Citations

• 102 Kan. 200
• 169 P. 1139
• 1918 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note — Conditional Promise to Pay — Condition Impossible of Performance — Liability. Whenever subsequent impossibility of meeting the conditions of a contract might readily have been foreseen by the party obligated to perform, he will not be excused from performance on the ground of impossibility.</p> <p>2. Same. The maker of a note for the debt of another executed it on condition that he was to pay the portion of the debt which a sale of chattel security lacked of paying, and was to be responsible for that difference only. After default of the principal debtor the creditor discovered that the chattel mortgage was void, and that no sale could be made under it, because the property was’ exempt and the mortgagor’s wife had not joined in executing the instrument. No sale was attempted, and the creditor undertook to recover on the note. Held, the principle stated in paragraph 1 applies, and the maker is not liable because the condition of his liability has not been performed.</p>