Weinheimer v. Caskey

Citations

• 110 Kan. 227
• 203 P. 685
• 1922 Kan. LEXIS 17

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Sale of Land — Abstract of Title — Waiver by Vendee of Strict Performance of Condition Relating to Furnishing Abstract. In a contract for a sale of land there was a stipulation that an abstract of title should be furnished by the vendor within ten days, but he did not furnish it until a later time. The vendee did not ask for it or complain of nondelivery, but dealt with the vendor as if satisfied with the title and treated the requirement of an abstract as immaterial. Held, that the vendee waived the strict performance of the condition relative to the time of furnishing an abstract.</p> <p>2. Same — Findings Relating to Forfeiture Supported by the Evidence. The findings relating to the forfeiture of the contract of sale and of certain payments made thereon examined, and held to be supported by the evidence and not to be inconsistent with equitable principles.</p>