Corley v. Ehlers

Citations

• 99 Kan. 748
• 163 P. 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of Real Estate — Proposition Must be Definite and Complete— Statute of Frauds. A proposal to sell land, which may be converted into a contract of sale by an acceptance, must be so definite and complete as to evince the intention of the parties to the transaction.</p> <p>2. Same — Ordinarily an offer to sell land, made to a particular person, can be accepted only by the one to whom it was made.</p> <p>3. Same — Letter of Landowner■ — Not an Offer of Sale to Plaintiff. The following letter, written by an owner to another, is not such an offer as may be converted into a binding contract to sell and convey land, through the acceptance of one not mentioned in the letter:</p> <p>“I have priced those lots at $150, and unless I am a big Fool they are cheap at that, wonder if you could sell Mrs. Hines the lots south of her. I believe I have about 8 25-foot lots; would take $400.00 net to me.”</p> <p>4. Same — Offer to Sell Land■ — Specific Performance. Under the averments of the petition of plaintiff, it is held that the contract of sale attempted to be made with a third person by one to whom the letter was addressed is not one which may be specifically enforced.</p>