Knisely v. Robinson

Citations

• 111 Kan. 300
• 206 P. 877
• 1922 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Sale of Real Estate — Forfeiture of Advance Payments. The right to specific performance of a contract for the sale of real estate is not defeated by a provision therein that if the purchaser fail or refuse to accept the deed an advance payment, which was a relatively small amount, shall be forfeited to the seller.</p> <p>2. Same — Provision for Forfeiture of Advance Payment Does Not Prevent Specific Performance. Unless the contract contains an alternative provision showing that one of the parties had the right to perform the specified conditions or pay a certain sum in lieu of performance, the penalty . mentioned therein will be regarded as a mere security for performance and if no other obstacle exists the contract will be specifically enforced.</p>