Drollinger v. Carson

Citations

• 97 Kan. 502
• 155 P. 923
• 1916 Kan. LEXIS 334

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Land—Default of Purchaser — Ejectment—Tender of Deed. Where a contract for the sale of land gave the vendor a right to declare a forfeiture for the nonpayment of the purchase price, a statement by the buyer, made after default but before the expiration of additional time that had been given him, that he could not complete the purchase, is sufficient to excuse a formal tender of a deed, no offer to complete the payment ever having been made.</p> <p>2. Same — Declaration of Forfeiture at Fixed Time — Ejectment. Under such a contract, where the whole purchase price is due and unpaid, the vendor, after giving notice that he will declare a forfeiture unless payment is made by a day named, may maintain ejectment if the default continues beyond that time.</p> <p>3. Same — Ejectment■ — Improvements by Defaulting Purchaser — No Allowance Therefor. In the circumstances of the present case it is held that the improvements made by the purchaser do not prevent the maintenance of such an action, nor require any allowance to be made to him on that account.</p> <p>4. Same — Assumption of Mortgage by Purchaser — No Obstacle to Rescission of Contract. The fact that by the terms of such a contract the purchaser assumes the payment of an existing mortgage interposes no obstacle to a rescission by the vendor, where-the mortgagee has done no act in recognition of the purchaser’s obligation beyond accepting interest paid by him at a bank.</p> <p>5. Same — Acceptance of Interest by Vendor — No Obstacle to Forfeiture for Purchaser’s Default. Under such a contract the acceptance by the vendor, on the day the payment of the purchase price is due, of the interest maturing at the same time, does not preclude his declaring a forfeiture for the failure of the purchaser to pay the principal at a subsequent'time fixed in a notice that such action would be taken.</p>