Neal v. Owings

Citations

• 108 Kan. 73
• 194 P. 324
• 1920 Kan. LEXIS 556

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Con-bract for Sale of Land — Contract and Deed Placed in Escrow to Awadt Performance by Purchaser — Purchaser Complied with Contract — Depositary at Bequest of Vendor Refoised Delivery of Deed — Delivery of Deed Ordered. An owner of land employed a broker to negotiate a sale of it at a fixed price and on prescribed terms. The broker'procured his wife as a purchaser of the land, notified the owner of the fact and sent him a contract of sale, but the owner found provisions in it that were not satisfactory and then set out conditions which he stated would be satisfactory to him. A contract which met his requirements was prepared and forwarded to him together with a deed ready for execution. The owner did not execute the conveyance at once, stating as a reason for the delay that his wife refused to join in the execution of the conveyance. After consulting with a friend and receiving a letter from the attorney of the purchaser as to the rights and liabilities of the owner and purchaser, the contract was signed, the deed executed by the owner and his wife, and these were placed in the possession of a depositary agreed upon, to be delivered upon compliance by the purchaser with the conditions of the sale. The purchaser found the abstract of title to be satisfactory, accepted the conditions of sale and was proceeding to complete the transaction when the owner notified the depositary to withhold delivery of the conveyance, and this request the depositary observed. In an action against the depositary and the owner and his wife, it is held that a valid contract of sale was made, and that by the placing of the executed deed in the hands of the mutually chosen depositary to be delivered upon compliance with the conditions of the contract by the purchaser and the subsequent compliance with these conditions, the purchaser became the equitable owner of the land and entitled to a delivery of the deed.</p> <p>2. Same — Refusa