Smith v. Goodeagle Refining Co.

Citations

• 105 Kan. 148
• 181 P. 552
• 1919 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale ■ — • Property Sold by Receiver — Consideration Partly Paid — Forfeiture for Default in Payment of Balance Refused — Receiver No Right to Appeal. A contract for the sale of property was made by a receiver under the order and approval of the court appointing him. About eleven-twelfths of the price of the property was paid by the purchaser to the receiver, but the remainder was not paid nor tendered until about a week after it became due. Upon a tender of the balance, the purchaser asked the court for an order directing the acceptance of the balance of the purchase price, and confirming the sale, as well as requiring the delivery of possession of the property. The receiver insisted 'upon a forfeiture as against the purchaser for noncompliance with the sale contract, and also asked for a resale of the property. Orders were made denying the application for a resale and also confirming the sale made, and directing the receiver to deliver possession of the property sold to the purchaser. The receiver thereupon attempted to appeal from these orders, and it is held that he did not have the right of appeal.</p>