Engelbrecht v. Herrington

Citations

• 103 Kan. 21
• 172 P. 715
• 1918 Kan. LEXIS 173

Syllabus

<p>opinion on rehearing:</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — .Indefiniteness—Objection by Motion. To be available, 1 an objection to the generality or indefiniteness of the averments of a pleading should be raised by motion.</p> <p>2. Express Trusts in Land — How Created. Under the statute, an express trust relating to lands can only be create'd by a writing signed by the party creating the same, or by his attorney thereto lawfully authorized in writing.</p> <p>3. Statute op Frauds — Parol Contract for Interest in Land. A parol contract for the sale of lands or of .any interest therein is within the statute of frauds and unenforceable unless it is taken out of the statute by some fact or circumstance connected with it.</p> <p>4. Same — Parol Contract for Sale of Land — Consideration Paid — When Within the Statute of Frauds. The payment of the purchase price does not take a verbal contract for the sale of lands out of the statute of frauds, nor will the payment of -the consideration in service have that effect if the value of the service may be determined and compensation in money may bé made-therefor.</p>