Rains v. Schermerhorn

Citations

• 86 Kan. 854
• 122 P. 883
• 1912 Kan. LEXIS 403

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Oral Contract — Breach — Partial Performance — Choice of Remedies. Where under an oral agreement that they are to. receive a written lease for ■a term of years the lessees of mining property take possession of it with the consent of the lessor and enter upon its operation, upon the refusal of the lessor to execute such lease they may waive their right to specific performance, surrender the property, and recover in an action for breach of contract whatever reasonable expenditures they have made in preparation for taking out ore.</p>