Dayton v. Murphy

Citations

• 106 Kan. 830
• 189 P. 959
• 1920 Kan. LEXIS 664

Syllabus

<p>SYLLABUS BY THE .COURT.</p> <p>Contract — Real-estate Transaction — Division of Profits — Compromise and Settlement Shown — Demurrer to Plaintiff’s Evidence. The petition prayed judgment for advancements and profits claimed to be due on account of a real-estate transaction. The answer pleaded a settlement with the plaintiffs for a stated sum, which was conceded to be due, and was deposited with the clerk. At the trial the plaintiffs admitted settling with the defendant, but declined the court’s offer to give them judgment for the amount of the deposit, with interest. Thereupon a-demurrer was sustained to their evidence, judgment was rendered accordingly, and they appealed. Afterwards they took down the deposit. Held, the appeal must be dismissed.</p>