Monarch Portland Cement Co. v. Washburn

Citations

• 89 Kan. 874
• 133 P. 156
• 1913 Kan. LEXIS 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleading — Specific Performance — Petition Sufficient. A petition by a vendor of real estate for specific performance of a contract of sale is examined a»d held to state a cause of action.</p> <p>2. - Contract — “Earnest Money” — Breach—Damages—Petition Sufficient. A contract for the sale of land recited that a check for $500, as earnest money, payable to the vendor, was deposited in a bank with the contract, leaving a balance of $9500 to be paid, and the party of the second part agreed to pay cash on delivery of deed and abstract. The contract, signed by an agent, was to become effective only on approval of his principal. This approval was given a few days after the deposit, and thereupon a demand was made on the bank for the check, which was refused. The check having been given as earnest money, was payable when the contract was approved, and a petition for damages against the bank for refusal to deliver it stated a cause of action.</p>