McNinch v. Rogers

Citations

• 116 Kan. 686
• 229 P. 78
• 1924 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Sale oj Land — Deferred Payments — Default of Purchaser — Remedies Open to Seller. Where a contract for the sale of land provides that certain payments shall be made by the purchaser and there shall be compliance with other conditions; and also that in case of defaults by the purchaser the seller shall have the option to declare a forfeiture of the contract and of all rights of the purchaser thereunder, and there is a failure of the purchaser to comply with the conditions of the contract, the seller is at liberty to ignore his right to a forfeiture and avail himself of the ordi- • nary remedies of the law for a breach of the contract by enforcing performance of the same and of his rights under, it.</p> <p>2. Same — ■Limitation of Action — Not Pleaded — Not Available on Appeal. The defense of the statute of limitations not having been pleaded by defendant nor brought to the consideration of the trial court, is not available to him on appeal.</p>