McAdam v. Leak

Citations

• 111 Kan. 704
• 208 P. 569
• 1922 Kan. LEXIS 328

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vendor and Purchaser — Sale of Land — Unconditional and Complete Contract Executed. Where a written offer to sell land for a stated sum in cash is accompanied by the words — “will send you the abstract for inspection,” a letter of acceptance is not rendered conditional by including a direction to send the abstract to the county seat to be brought down to date and a statement that the buyer will prepare and forward a deed. Nor does the fact that time and place of payment are not specified render the contract incomplete, these elements being supplied by implication.</p> <p>2. Same — Contract■ to Sell Land — Vendor Without Full Title — Damages. The fact that the vendor did not have full title to the land contracted to be sold is not a defense to an action by the purchaser for damages for breach of the contract by failure to convey.</p> <p>3. Same — Contract for Sale of Land — No Misrepresentation or Unfairness on the Part of Purchaser Shown. In the absence of other evidence of misrepresentation or unfair dealing the enforcement of a contract for the sale of land cannot be refused merely because the agreed price was $1,200 when it \\vas worth $1,800, and the vendor was a woman living at a distance from the land, which she had never seen and the value of which she did not know, while the purchaser was a real-estate dealer owning land in the vicinity and familiar with values.</p> <p>4. Same — Evidence—Award of Damages. A complaint that no evidence was introduced in support of the amount of damages awarded is held unavailable because the journal recites the introduction of evidence and because it is clear that the amount was not excessive.</p> <p>5. Same — Contract to Sell Land — Breach by Vendor — Measure of Damages. In an action brought by the purchaser on account of the refusal of the vendor to perform a contract for the sale of land the difference between the agreed price and the market value at the time of the breach is held to have