Hurless v. Wiley

Citations

• 91 Kan. 347
• 137 P. 981
• 1914 Kan. LEXIS 32

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Concurrent Oral Contract of Seller to Find Purchaser —Good Consideration. Where) after a written contract for the sale of land has been entered into, the seller signs an undertaking to find a purchaser at an advanced price, within a stated time, the buyer may obtain damages far the breach of the agreement evidenced by such subsequent writing, upon proving by parol evidence that the consideration for it was an oral promise to the same effect made when the original contract was executed.</p> <p>2. Action — Breach of Contract — Inability to Perform — No Defense. An action for the breach of an agreement to find a purchaser for a tract of land at a fixed price, within a stated time, can not be defeated by showing the impossibility of procuring such a purchaser.</p>