Hull v. Allen

Citations

• 84 Kan. 207
• 113 P. 1050
• 1911 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Advancements—Forfeiture. A purchaser of land' who makes a deposit of money, under a written contract that if the balance of the consideration is not paid as agreed upon the deposit will be forfeited, can not recover the deposit if the consideration is not paid and the contract carried out because of his fault.</p> <p>2. - Waiver of Performance of Conditions. Where the contract provided that the seller was to furnish an abstract of title within a stated time, and that if he did not furnish the abstract, together with a warranty deed, in accordance with the agreement the deposit should be returned to the purchaser, and where before the time for furnishing the abstract the purchaser instructed the seller not to furnish it, an(d notified the seller that he would not carry out the contract, he thereby waived the furnishing of the abstract, but was not relieved from the obligations of the contract.</p> <p>3. Evidence — Parol or Extrinsic — Waiver of Performance of Contract. Testimony showing a waiver of performance is-not inadmissible on the ground that it varies or modifies the: written contract.</p>