Ramey v. Thorson

Citations

• 94 Kan. 150
• 146 P. 315
• 1915 Kan. LEXIS 60

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Contract — Exchange of Property — Tender of Performance —Contract Binding. A contract to exchange property contained the following- provision: “Provided however, that the said party of the second part can make arrangements whereby he may be able to complete this deal according to the following terms:” Held, that tender of performance by the party of the second part before the other party withdrew rendered the contract mutually binding.</p> <p>2. Same — No Arbitrary Right to Refuse Performance. The contract contained the following provision: “This reserves the right for each man to be the judge as to representations made as to other’s property to either reject or accept.” Held, the party of the first part did not have an arbitrary right to reject the second party’s property. Judgment upon the second party’s representations was required as a basis for rejection, and this meant fair and candid judgment such as honest and reasonable men exercise.</p>