Huey v. Starr

Citations

• 79 Kan. 781
• 101 P. 1075
• 1909 Kan. LEXIS 281

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Joinder of Actions — Specific Performance — Damages — Judgment. In a petition for the specific performance of a contract to convey land a cause of action for damages arising out of the same transaction may be united, and if on the trial the evidence justifies a decree of specific performance in part only the court may thereunder apportion the purchase-price and damages in accordance with the evidence; if no decree for a performance of the contract can be had, judgment may be rendered for such proper damages, if any, as are proved.</p> <p>2. -- Causes of Action that May he Joined. A plaintiff in a civil action may join therein as many causes of action as are authorized by section 83 of the civil code, and is entitled to have them all adjudicated before the final determination of the cause, even though a part thereof may be triable to the court and a part to a jury.</p> <p>3. - Election of Remedies. Where a plaintiff in his petition states facts which entitle him either to a decree of specific performance of a contract to convey real estate or to a judgment for damages for the failure to convey, and prays judgment for damages in case the court refuses the decree, he may not be required to elect his remedy before proceeding to trial.</p>