Parks v. Monroe

Citations

• 99 Kan. 368
• 161 P. 638

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Contract — Repudition by One Party — Remedies of Other Party — Specific Performance — Damages. Where one of the parties to a contract for the exchange of real property repudiates the contract before the time fixed for its performance, and notifies the other party of such repudiation, the latter party may immediately commence an action for specific performance, or, in the event that specific performance can not be had, for the recovery of the damages sustained.</p> <p>2. Same — Petition—Demurrer Sustained — Amended Petition — Demurrer Thereto — Appeal. A judgment by which a demurrer to a petition is sustained, and from which no appeal is taken, does not control the judgment on the hearing of a demurrer lodged against an amended petition afterward filed by leave of court.</p>