Goff v. Goff

Citations

• 98 Kan. 201
• 158 P. 26
• 1916 Kan. LEXIS 47

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Order por New Trial — Grounds for Court’s Ruling Stated in Record— Order Properly Made. A statement in the record of an order granting a new trial, that the ruling was made on the sole ground that a special finding was not sustained by sufficient competent evidence, does not necessarily imply that the court would have .approved such finding if it had been satisfied of the coihpetency of all the evidence on the subject that had been admitted at the trial.</p> <p>2. Same. The entire record held not to show that a finding which was set aside would have been approved, except for the conclusion of the court that a part of the evidence ■ introduced was incompetent and should therefore he disregarded.</p> <p>3. Finding op Jury — Set Aside — New Trial. Where the court sets aside a finding which may have been in part the basis of the general verdict, a new trial must be granted unless the remaining findings in themselves require a judgment.</p> <p>4. Verbal Promise to Reconvey Land — Fraud—Trust- The refusal to carry out a verbal promise to reconvey land, the title to which is transferred by a writing absolute on its face, can not in itself constitute such a fraud as to make the grantee a trustee for the grantor by operation of law. Nor will the mere fact that the parties are. father and son show such confidential relations as to change the rule.</p> <p>5. Oral Contract — Trust in Land — Part Performance — Question for Jury, The petition and evidence held to be sufficient to take to the jury the question whether there had been such part performance of an oral contract creating a trust in real estate as to justify its enforcement, notwithstanding the statute of frauds in relation to such trusts.</p>