Fry v. Dunn

Citations

• 70 Kan. 333
• 78 P. 814
• 1904 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jurisdiction— City Court — Action for Return of Purchase-money. D. contracted to sell certain real estate to F. for $1500, of which $300 was paid down by F., and it was agreed betwe'en the parties that the deed from D. to F. should be placed in escrow, which was done, to be delivered to the buyer upon payment of the purchase-price. It was further agreed that, if F. should fail to secure a loan on the property of $600 or $700 from a designated loan company, the contract should be at an end and the $300 payment ‘ returned. F. failed to get the loan. In an action in the city court of Wichita to recover the $300 from D., held, that the action was not founded on “a contract for real estate,” and that the city court had jurisdiction to try and determine the cause.</p>