Scott v. Stone

Citations

• 72 Kan. 545
• 84 P. 117
• 1906 Kan. LEXIS 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — New Trial — Error Not Shown. An order granting a new trial cannot be deemed erroneous when the motion therefor contains several grounds, some of which are good, and the record does not show definitely the specific ground upon which the motion was allowed.</p> <p>2. -Remittitur — Conflicting Evidence — Direction of Verdict. In an action to recover rents and profits, when the principal question is for which of two periods a recovery shall be . had, and the amount stated in the verdict indicates that the jury found for the longer of such periods, and the court upon an application for a new trial erroneously decided that the recovery should have been for the shorter period, and thereupon offered to deny the motion if plaintiff would accept an amount then named by the court as the proper recovery under the evidence for such period, which offer the plaintiff declined, and a new trial was granted, held, that while the action of the court amounted to an approval of the verdict in all respects except the amount thereof, and the jury appear to have found for the proper period, still this court cannot accept such amount as conclusive, and direct judgment therefor, when the evidence relating thereto was conflicting and the record contains nothing further to indicate that such amount was approved by the court as the proper recovery for the period supposed to be covered by such finding.</p> <p>3. Conveyances — Contract and Warranty Deed in Escrow— Relation — Rents and Profits. When a contract for the sale of land is executed by the parties thereto and deposited in escrow, and the grantor, in compliance with the stipulations thereof, executes his deed to the land, with full covenants of warranty, and places it with the contract, to be delivered to the grantee upon full payment of the purchase-money as stipulated, and the grantee fully complies with all the requirements of the contract on his part, paying interest on the