Evans v. Jacobitz

Citations

• 67 Kan. 249
• 72 P. 848
• 1903 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Rescission Implied. Consent of parties to a rescission of a contract may be implied from the circumstances and conduct of the parties with respect to the subject-matter and need not be shown by an express agreement.'</p> <p>S. - Conveyance — Condition Precedent. Before a party can maintain an action to recover the purchase-money on a contract for the sale and conveyance of land, he must allege and prove that he has performed his own obligation by making and tendering a deed of conveyance.</p>