Martin v. Hush

Citations

• 91 Kan. 833
• 139 P. 401
• 1914 Kan. LEXIS 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale of Homestead — Deed Not Delivered — Specific Performance Refused. The statute (Gen. Stat. 1909, § 3648) precluding the maintenance of an action for the specific performance of a contract to sell or exchange a homestead unless the contract of sale is signed by both husband and wife, or by an agent authorized in writing by both to make such sale or exchange, is not complied with by depositing a deed signed by husband and wife with a custodian, to await completion of a pending sale, but who is not authorized to deliver it.</p>