First Methodist Episcopal Church v. North

Citations

• 92 Kan. 381
• 140 P. 888
• 1914 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vendor and Purchaser — Breach by Purchaser — Measure of Vendor’s Damages. Upon the refusal of a vendee to comply with a contract to purchase property one of the remedies available to the vendor is an action to recover the fruits of his bargain — the loss which he sustains by the nonperformance of the vendee.</p> <p>2. Same. Ordinarily in such a ease, where the title remains in the vendor and the money in the vendee, the measure of damages is the difference between the contract price and the market value when the breach occurs.</p> <p>3. Same — Manner of Determining Market Value of Property. When the property is resold within a reasonable time after due notice to the vendee and for the highest price which can reasonably be obtained by the vendor the price on resale is deemed to be prima facie evidence of its market value.</p> <p>4. Same — Instructions as to Measure of Damages Not Prejudicial. An instruction that the measure of damages is the difference between the contract price and the .price on the resale where the vendor used diligence to obtain the highest possible price for the property, but-if the vendor did not do so then the measure would be the difference between the contract price and the market value of the property, can not have prejudiced the vendee where it appears that the jury found that the highest price was not obtained by the vendor and that • the extent of the damages was fixed on the basis of market value and not on the price obtained at the resale.</p>