Davidson v. Hughes

Citations

• 76 Kan. 247
• 91 P. 913
• 1907 Kan. LEXIS 244

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amendment after Demurrer Sustained and Judgment — Time for Motion. Where a demurrer to an answer is sustained, and the defendant stands upon his exception thereto and judgment is rendered against him, and he takes additional time to prepare a case for appeal to the supreme court, and when, after more than three days have elapsed and the term of court has expired, he files a motion to set aside the judgment and to be allowed to file an amended answer, such motion is out of time and cannot be considered.</p> <p>2. Damages — Liquidated. When at the execution of an oil-and-gas lease only one dollar is paid to the grantors therefor, and the grantees agree, as the principal consideration, to complete three wells on the premises within' twelve months frdm the execution of the contract or to pay $500 “as a forfeit,” such agreement of payment on default will be regarded as a provision for liquidated damages and not as a penalty.</p>