Pessemier v. Genn

Citations

• 104 Kan. 287
• 178 P. 426
• 1919 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oral Land .Contract — Contract Void — Within Statute of Frauds. An oral contract for the sale of land cannot be enforced though the recanting vendor’s only excuse given to the vendee for his failure to comply therewith was that he desired to sell the land to another person and had sold it to the latter after his oral bargain with the vendee.</p> <p>2. Same — No Estoppel to Plead Statute of Frauds. One who repudiates an oral contract for the sale of land is not estopped to invoke the statute of'frauds in an action for specific performance because he made no , mention of his legal rights under that statute in giving his reasons to the vendee for refusing to comply with his contract.</p>