Vaught v. Pettyjohn

Citations

• 104 Kan. 174
• 178 P. 623
• 1919 Kan. LEXIS 215

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Oral Land Contract — Statute of Frauds — Not Available to Third Parties — Measure of Damages against Intermeddler. The rule of the statute of frauds which requires contracts for the conveyance of land to be in writing in order to furnish a legal basis for their enforcement, concerns only the parties to such contracts and their privies. The statute cannot be invoked by third parties not concerned therein. Oral contracts relating to land are not inherently illegal; the parties thereto may consummate them if they are willing to do so, and third parties whose intermeddling is the sole cause of frustrating the consummation of such oral contracts must respond in damages to the injured party; and the measure of damages is the loss of profits on the transaction which their wrongdoing frustrated, when that loss is capable of definite ascertainment.</p> <p>2. Same — Frustrated by Intermeddler — Measure of Damages. The fair and reasonable value of land at the time it was the subject of a bargain, is a proper and competent matter to be proved in an action for loss of profits against one whose wrongdoing frustrated the consummation of the bargain, and the cost of the land would be of no evidential value in ascertaining the damages.</p> <p>3. Same — Excluded Evidence- — When Reviewable. Error cannot be,predicated upon the exclusion of evidence when it is not brought on the record in support of a motion for a new trial and is not before the supreme court for review, following Scott v. King, 96 Kan. 561, 567, 152 Pac. 653.</p> <p>4. Same — Minimizing Damages. The rule that one who suffers from the wrong of another must use reasonable diligence to lessen or minimize his damages, is held to be inapplicable to the facts of this case.</p> <p>5. Same — Execution of Contract — Prevented by Intermeddler — Liability for Damages. The plaintiff applied to defendants for a loan of money to be secured by a mortgage on his farm. He executed a note and mortgag