Geo. H. Paul Co. v. Shaw

Citations

• 86 Kan. 136
• 119 P. 546
• 1911 Kan. LEXIS 197

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Stipulation for Warranty Deed — Rights of Ven-dee. Where a contract has been made for the sale of real property and its conveyance by warranty deed, the purchaser ordinarily has a right to insist that such deed.shall be executed by the person with whom he contracted.</p> <p>2..- Warranty Deed — Tender—Specific Objections. Where • a vendor, as a performance on his part of a contract for the conveyance of real property, tenders a warranty deed from another person, the vendee, in order to avoid the effect of the tender on the ground that the deed does not include the warranty of the person with whom he contracted, must make that specific objection, and allow a reasonable opportunity for it to be met.</p> <p>3. --- Specific Performance — Tender of Deed — Pleadings. In an action by the vendor for the specific performance of a contract for the sale of real property, an allegation in the answer that the plaintiff has never tendered a deed executed by himself, is met by allegations in the reply that no previous objection had been made upon that ground to the deed which he had tendered, and that he had at all times been, and was still, able and willing to furnish such a deed.</p>