Harbor Business Blocks Co. v. Gregory

Citations

• 102 Kan. 33
• 169 P. 191
• 1917 Kan. LEXIS 213

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Affidavits—Notice of Their Intended Use on Trial — Service on Nonresident. Under section 350 of the civil code, which authorizes the use of affidavits as evidence under certain limitations, andi provides that copies of such affidavits must be served upon the adverse party or his .attorney at least ten days before the trial, service of copies of affidavits is sufficiently made when they are delivered to the adverse litigant 'personally, at his principal place of business, even although that may be outside the state.</p> <p>2. Deeds — Deposited in Escrow — Rescission of Contract — Fraud—No Title Passes. When deeds to real estate are deposited in escrow, to be delivered to the grantee upon completion of. payment therefor, the title to the property does not pass unless full payment is made; and where the grantee has a good defense to an action for the balance due on the purchase price, based on the fraud and misrepresentation of the grantor, and rescinds the contract of purchase, no formal offer to reconvey the property is required.</p>