Mertz v. Hubbard

Citations

• 75 Kan. 1
• 88 P. 629
• 1907 Kan. LEXIS 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Statute of Frauds — Contract to Sell Land — Undisclosed Principal — Specific Performance. Under a statute requiring contracts for the sale of lands to be evidenced by writing, where a written agreement for such a sale shows that one of the two persons by whom it is made incurs no individual liability, but acts merely as the agent of some one else who is not named or described, specific performance thereof cannot be compelled at the suit of the principal if his relation to the transaction can only be proved by parol evidence.</p>