Riley v. Allen

Citations

• 71 Kan. 625
• 81 P. 186
• 1905 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Findings of Fact. A finding of fact that is not specifically attacked in this court will ordinarily be assumed to be correct, although exception was taken to it in the trial court.</p> <p>2. Contracts — Refusal to Accept Defective Title — Estoppel. Where a contract is made for the conveyance of a tract of land, and it develops that the title is defective, an unconditional and final refusal by the purchaser with a full knowledge of the facts to accept the only title the seller is able to convey will preclude him from afterward maintaining a suit for the specific performance of the contract.</p>