Lane v. George

Citations

• 84 Kan. 823
• 115 P. 589
• 1911 Kan. LEXIS 424

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Breach of Contract — Ratification—Estoppel. A written contract for the exchange of properties provided that one of the parties should convey to the other a certain farm. The exchange was made, the deed conveying the land was delivered and the grantee entered into possession. The deed contained a recital that the land was conveyed subject to a certain mortgage of $2000 which the grantee assumed. In an action by the grantor to recover damages for a breach of the contract, held., that the grantee by accepting the deed without objection and remaining in possession of the land with no offer to rescind was estopped to set up the claim that the grantor agreed to convey a title free from encumbrances.</p>