Cordes v. Cushman

Citations

• 79 Kan. 702
• 101 P. 460
• 1909 Kan. LEXIS 272

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contracts—Conditional Exchange of Properties—Cancelation of a Deed—Improvements. Pending negotiations between parties for the exchange of real estate the deeds were placed in the possession of an agent to hold until satisfactory abstracts of title were furnished. Abstracts were produced which the holder of the deeds deemed sufficient, and he delivered the deed executed by the plaintiff and had it placed upon record. The plaintiff was not satisfied with the abstract furnished to him. The defendant, however, upon assurances that a perfect abstract would be procured, obtained the consent of the plaintiff to repair the property which he expected to receive, so as to have it suitable for occupancy when the exchange was consummated. The abstract could not be procured, and the plaintiff brought a suit to cancel his deed. The court decreed that the deed be canceled, but ordered that the plaintiff pay the reasonable value of the repairs made by the defendant. Held, not error.</p>