Kail v. Bell

Citations

• 88 Kan. 666
• 129 P. 1135
• 1913 Kan. LEXIS 398

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract—Sale of Land—Payment in School Orders—Validity Guaranteed—Assignment “Without Recourse.” A written contract for the sale of land stipulated that the vendee should pay the price in school orders for school supplies. The validity of the orders was expressly guaranteed. When the contract was consummated by delivery of the deed to the land and delivery of the orders, an assignment to the vendor of the land was indorsed on each order, which specified that the assignment was without recourse. Held, the written guaranty of the validity of the orders was not abrogated.</p> <p>2. - Evidence Showed School Orders to be Invalid. The evidence examined and held to be sufficient to establish the invalidity of the order sued on, for want of power in the school board .to purchase the article ordered.</p> <p>3. Appeal—Submission of Agreed Abstracts Commended. The practice of filing abstracts agreed to by counsel for both sides commended.</p>