Denser v. Gunn

Citations

• 74 Kan. 748
• 87 P. 1132
• 1906 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.'</p> <p>Contracts — Exchange of Real Estate — Construction. A contract for the exchange of real estate provided: “Both parties to give warranty deeds and abstracts showing titles. ■ It is agreed that $1500 shall be liquidated damages in case either party fails or refuses to carry his part of this contract.” Held, that before either party can recover the stipulated amount of damages he must tender an abstract showing a perfect record title in himself, free from doubt or outstanding color of title.</p>