Dunn v. Winans

Citations

• 106 Kan. 80
• 186 P. 748
• 1920 Kan. LEXIS 457

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oral Contract — Sale of Real Estate — Partial Possession Given— Statute of Frauds. An indivisible oral contract for the sale of real property is not taken out of the operation of the statute of frauds by the delivery of possession of part of the property.</p> <p>2. Same- — Nonenforcible—Elements of Purchaser’s Damages. A purchaser of real property under an oral contract, nonenforcible on account of the statute of frauds, who is by the vendor put into possession of a part of the real property purchased, and who makes improvements thereon, may recover the damages sustained by him on account of such improvements, if the vendor refuses to perform his contract.</p> <p>3. Appeal — Jurisdiction of Supreme Court. Where an action of which the supreme court has jurisdiction is appealed from the district court to the supreme court, the latter will determine all matters in controversy, although on examination, it is determined that the action is not well founded except as to a claim of $50.</p>