Orr v. Thomas

Citations

• 105 Kan. 624
• 185 P. 1046
• 1919 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract- — Exchange of Property — Specific Performance — Jurisdiction of Court to Order an Accounting. In an action foi* specific performance of a contract for the exchange of real and personal property, where the execution of the contract is pleaded, and the contract is exhibited, and not denied, and the defendant joins in the prayer for specific performance “so far as the real estate is concerned,” the action is maintainable, although the trial court finds that the contract cannot be specifically enforced “because of a want of mutual understanding as to all its terms”; and where pursuant to such imperfect contract the parties have partially performed it by a transfer of a bank account, and by payments and expenditures pertaining to the personal property, the court may properly retain jurisdiction and order an accounting, and give such judgment as justice may require.</p> <p>2. Same — Findings of Trial .Court. A seemingly equivocal finding of fact touching the trial court’s construction of a contract may be interpreted in the light of the pleadings and the contract itself, and no error will be based thereon when the judgment itself is correct.</p> <p>3. Same — Venue—Jurisdiction of Court to Adjudicate All Matters Pertaining to Contract. The civil code permits an action for specific performance of a contract concerning land to be brought in any county where part of the land is situated, and it may be so brought although an exchange of some personal property is also involved in the contract; and the court does not lose jurisdiction to adjudicate all matters pertaining to the contract although it finds that a decree of specific performance should not be rendered; and in such case the court may decree an accounting between' the parties on pertinent matters which arose because of their acts in partially carrying the contract into effect.</p>