McClanahan v. Sehon

Citations

• 113 Kan. 482
• 215 P. 277
• 1923 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Purchase of Land — Advance Payment — Default of Purchaser — Recovery of Initial Payment. Plaintiff made a contract to buy defendant’s farm for $9,000 and paid $1,000 thereon and was let into possession. He afterwards left the premises and his father and brother removed all plaintiff’s chattels therefrom, but the trial court found that these facts did not constitute abandonment. When the date of the final payment, $8,000, fell due, plaintiff made default, and defendant reentered and took possession of the farm. Held, that under the circumstances defendant’s reentry did not of itself operate as a rescission of the contract, nor give the plaintiff the right to recover the $1,000 paid — following Morris v. Derr, 55 Kan. 569, 40 Pac. 908.</p>