Ross v. Cook

Citations

• 71 Kan. 117
• 80 P. 38
• 1905 Kan. LEXIS 101

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Sale of Grass — Statute of Frauds. A contract for the sale of grass growing upon the land of the seller, to be cut and removed by the buyer, he to pay a stated price per acre, is one for the sale of an interest in real estate within the meaning of the statute of frauds, and cannot be enforced unless evidenced by a memorandum in writing.</p> <p>2. -Part Performance. The cutting of a portion of the grass by the purchaser at a stated expense is not a sufficient part performance to take such a contract out of the statute.</p> <p>3. -Revocation of License. So far as relates to any part of the grass not already cut the landowner may revoke the license granted by such a contract to the purchaser to enter upon the land and cut and remove the grass without incurring any liability to him for damages.</p>