Long v. Clark
Citations
- 90 Kan. 535
- 135 P. 673
- 1913 Kan. LEXIS 260
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Vendor and Purchaser — Advance Payments — When Forfeited. Where partial payments are made on a purchase of land under an agreement that the sums paid shall be forfeited if final payment is not made at a fixed time and there is a default in the final payment and a forfeiture due only to the delay and fault of the purchaser he is not, in the absence of a waiver of the right of forfeiture, entitled- to recover back the partial payments previously made.</p> <p>2. - Granting Extension — Does Not Waive Forfeiture. The granting of an extension giving a purchaser the opportunity to pay the balance due on the land on a future specified date can not be regarded as a waiver of the right to insist on a forfeiture stipulation if payment is not made at that time. It is a general rule that' no mere indulgences or silent-acquiescence can be construed as a waiver of the right unless some element of estoppel is involved in the transaction.</p>
Judges: Johnston
Read full opinion on CourtListenerCited by
15 cases in this archive cite this case.
- Proctor Trust Co. v. NeihartSupreme Court of Kansas· 1930-06-07· cited 25×
- Drollinger v. CarsonSupreme Court of Kansas· 1916-03-11· cited 24×
- Nelson v. RobinsonSupreme Court of Kansas· 1959-03-07· cited 21×
- S. H. Reno v. Ralph G. Beckett and Elizabeth G. Beckett, Husband and WifeTenth Circuit· 1977-03-14· cited 18×
- Welsbach Street Lighting Co. v. City of WichitaSupreme Court of Kansas· 1917-10-06· cited 16×
- St. Francis Regional Medical Center, Inc. v. Critical Care, Inc.D. Kansas· 1997-10-14· cited 14×
- Eikelberger v. Insurance Co. of North AmericaSupreme Court of Kansas· 1919-12-06· cited 13×
- Wensler v. TilkeSupreme Court of Kansas· 1916-03-11· cited 9×
- Kliesen v. Equity Exchange Mercantile Ass'nSupreme Court of Kansas· 1917-06-09· cited 7×
- Bentley v. KeeganSupreme Court of Kansas· 1921-11-12· cited 7×
- Harpham Bros. v. PerrySupreme Court of Kansas· 1925-05-09· cited 7×
- Law Co., Inc. v. Mohawk Const. & Supply Co.D. Kansas· 2010-03-16· cited 6×
- Atchison Savings Bank v. RichardsSupreme Court of Kansas· 1930-07-05· cited 4×
- Gamer v. PiperSupreme Court of Kansas· 1928-03-10· cited 3×
- Bettis v. HallD. Kansas· 2012-02-14· cited 3×
Cites
3 cases in this archive are cited by this case.
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