Maddux v. Simonson

Citations

• 83 Kan. 325
• 111 P. 428
• 1910 Kan. LEXIS 530

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Conveyance by One Who Has No Title. Where a contract to convey land, for a consideration to be paid in money and by the conveyance of city lots, is fully performed by the vendors of the land, and it is then discovered that the vendor of the lots has no title thereto or interest therein, and he does not offer to obtain such title, the vendors of the land are entitled to recover compensation for the lots.</p> <p>2. Contracts — Construction. The contract above referred to contained the following clause:</p> <p>“Said parties are to furnish abstract .to their respective lands within thirty days from this date, and deeds to be exchanged as soon as abstracts are made to show merchantable title; should abstracts not show merchantable title, then this sale is null and void.”</p> <p>It is held that the above condition does not apply where the vendor of the lots had no title to or interest in the property he had agreed to convey, and other lots described in his abstract were not in the minds of either party when the contract was made.</p>