Hampe v. Sage

Citations

• 82 Kan. 728
• 109 P. 406
• 1910 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Exchange of Lands — Writing Construed. A writing that describes itself as a contract between two parties, each of whom agrees to sell a tract of land at a stated price, and that includes a computation showing the amount of a mortgage oh each tract and the cash balance to be paid by one party to the other, is fairly to be interpreted as an agreement for the exchange of the tracts on the basis stated.</p> <p>2. - Statute of Frauds — Memorandum — Description of Land. The statute of frauds renders demurrable a petition declaring upon a contract for the sale of land, evidenced by a memorandum which describes it only as situated in a certain county and containing a certain number of acres, there being no allegation that it was the only land in that county owned by the party undertaking to sell it. The pleading is not aided by an averment that such party had recently showed to the-proposed buyer a tract of the size mentioned in the county referred to.</p>