Linscott v. Moseman

Citations

• 84 Kan. 541
• 114 P. 1088
• 1911 Kan. LEXIS 366

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Remedies for Breach of Executory Contract to Exchange Land — Damages—Specific Performance. In an action brought to obtain redress for the breach of an executory contract to exchange land the plaintiff is not entitled to re- • cover the value of the land he was to receive, instead of the land itself, the defendant being able to make conveyance according to the contract. The forms of the plaintiff’s relief are specific performance of the contract- or damages for the loss of his bargain, measured by the difference in value of what he was to receive and what he was to give.</p> <p>2. Abstract op Title — Objections—Estoppel to Reject Title. Ordinarily a vendee should make all his objections to the title disclosed by the abstract furnished him by the vendor with his first requirements. If, however, he should fail to do so, he will not be precluded from subsequently rejecting the title on other valid grounds, unless the vendor, acting upon the belief that the first requirements were final, has so changed his situation that it would be unjust to allow further objections to be interposed.</p> <p>3. Specific Performance — Unmarketable Title. The equities in favor of a vendor must be very strong before a court will compel a vendee to accept or pay for an unmarketable title under a contract for a perfect title.</p> <p>4. Abstract of Title — Mineral Lease. In June, 1908, an abstract of title disclosed a recorded oil-and-gas lease, dated in June, 1904, and running ten years and as much longer as mineral might be found in paying quantities. The lease provided that one or more wells should be drilled within two years or that the lessee should pay twenty-five cents per acre per year for the land thereafter. On default in the performance of its condition the lease was to become void. Held, the abstract did not disclose a perfect title.</p> <p>5. - Ex Parte Affidavit that Lease Was Void. In order to perfect the title an ex parte affidavi