Gillidett v. Hayden

Citations

• 102 Kan. 616
• 171 P. 617
• 1918 Kan. LEXIS 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Sale of Land — Interest on Payments — Title. A contract for the sale of land provided that the buyer should pay interest at seven per cent on the agreed price from the date the title was approved; it also contained'a provision that he should pay the interest on an existing mortgage on the land for $4,000, bearing eight per cent, until the date named' for the payment of $5,000 on the purchase price; in an action in which the sole controversy was as to the date when, by the approval of the title, the buyer became liable for interest, held, that the existence of such mortgage could not be regarded as an obstacle to the approval of the title, at least where by oral evidence an understanding was shown to the effect that the mortgage was to be satisfied out of the $5,000 payment.</p>