Samuelson v. Palmer

Citations

• 96 Kan. 587
• 152 P. 627
• 1915 Kan. LEXIS 441

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Land—Contract to Repurchase — Time Essence of Contract— Time Expired — Specific Performance Denied. The defendant sold a farm to the plaintiff and as an inducement to purchase made the following written promise:</p> <p>“I hereby agree to give Otis E. Samuelson, $7.50 per acre in advance of the price he has paid me for 184 acres (described).</p> <p>“Expiration of this agreement, Feb’y 26, 1910.</p> <p>William Palmer.”</p> <p>Extensions were duly endorsed on this instrument each year for four years, the last one expiring February 26, 1913: Held, that parol testimony was inadmissible to prove that an advance of $7.50 per acre per annum was intended as consideration for such extensions.</p> <p>2. Same — Contract to Repurchase — An Optional Contract. The foregoing written instrument was an optional agreement to purchase; and to bind the maker, the owner should have accepted the proposition before its expiration, and an acceptance “thirty days or six weeks” after-wards was too late.-</p>