Cox v. Stambaugh

Citations

• 96 Kan. 684
• 153 P. 513
• 1915 Kan. LEXIS 466

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Sale op Land — Conveyance to Third Party with Covenant — Liability for Breach of Covenant. If an owner contract to sell his land, before conveyance the purchaser sell to a second vendee, and by mutual agreement of all parties a single deed containing a covenant against incumbrances be made by the first vendor to the second vendee, the covenantor is liable to the covenantee for breach of the covenant.</p> <p>2. Same — Vendor in Default Not Entitled to Rescind. If, under the circumstances described, the covenant against incumbrances be broken, the incumbrances be not removed, the grantee in the deed be not indemnified and he sue the covenantor for damages for breach of the covenant, the vendor from whom the grantee purchased can not then invoke the equitable remedy of rescission for failure of the grantee to perform an oral agreement forming a part of the consideration for the deed.</p> <p>3. Trial — No Error in Record. Assignments of error relating to a denial of an application to interplead, the sustaining of an attachment, and a refusal to make a finding of fact held to be without merit.</p>