Redden v. Bausch

Citations

• 110 Kan. 625
• 204 P. 752
• 1922 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Option to Purchase Land — Conditions of Option Must Be Complied With. The'holder of an option to purchase land cannot impose a duty on the vendor to convey unless he exercises his option and tenders substantial compliance with the terms and conditions of the option within the time agreed upon.</p> <p>2. Same — Tender of Compliance Must Be Made to Vendor. To make such a. tender effective it must be made to the vendor or to someone authorized to represent him.</p> <p>3. Same — Conditions of Option Not Complied With. The evidence and findings examined, and it is held that the purchaser did not exercise his option and tender compliance with the terms and conditions thereof within the time limited.</p> <p>4. Same — No Waiver. It is further held that the evidence does not support the finding as to a waiver by the vendor of the purchaser’s noncompliance with the terms and conditions of the option.</p> <p>5. Same — Inconsistent Special Findings. Where the general verdict has been set aside and special findings returned are inconsistent with each other and material ones are without support in the evidence, a judgment based thereon cannot be upheld.</p>