Reed v. Bostleman

Citations

• 97 Kan. 633
• 156 P. 718
• 1916 Kan. LEXIS 367

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Vendor and Purchaser — Breach of Contract — Action—All Issues Involved Should Have Been Determined. The purchaser under a contract involving an exchange of property performed on his side. He was not to receive the property coming to him until he paid a note given to the vendor. After default in payment of the note the vendor brought an action to quiet his title to the property he was to convey, the contract having been filed for record. The answer was that the contract was procured by the vendor’s fraud and that the vendee was entitled to rescission, cancellation and damages. The court found there had been no fraud and ordered the vendor to convey, but refused to make any adjudication respecting the note. Held, the petition and answer brought before the court the entire transaction, the entire controversy should have been adj'udicated, and nothing involved in it should have been left undetermined which might furnish the foundation for future litigation.</p>