Knipe v. Troika

Citations

• 92 Kan. 549
• 141 P. 557
• 1914 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Time Not of the Essence of the Contract. A contract for the conveyance of real estate containing a provision that the deal is to be closed within sixty days, no other limitation of time being stated, does not upon its face purport to make time of the essence of the contract.</p> <p>2. Same — Waiver of Time Inferred. If in connection with the language and conduct of the parties, the time stated in the clause referred to should be held essential, a waiver was properly inferred from the subsequent' conduct of the parties.</p> <p>8. Same — Reasonable Time for Performance Allowed. Where the time for performance of such a contract is waived and no other period is fixed, a reasonable time for performance should be allowed.</p> <p>4. Same — Order for Separate Trial as to Personal Property Not Error. In an action for the specific performance of a contract to convey real estate, and as a minor consideration to deliver personal property also, an order made upon the trial of the principal issue that questions concerning the delivery of the personal property and damages for default should be tried afterward, upon a modification of the pleadings to more clearly present that issue, is not erroneous.</p>