Welch v. McIntosh

Citations

• 89 Kan. 47
• 130 P. 641
• 1913 Kan. LEXIS 9

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Sale of Real Estate — Resale by Purchaser — Specific Performance of Both Contracts. One having a written contract for the purchase of real estate with a person having a similar contract for its purchase from the owner may maintain an action against the owner, and the person with whom he contracted, for the specific performance of both contracts.</p> <p>2.-Stibseqtient Oral Modification of Contract — Statute of Frauds. One who agrees in writing to convey real estate, fora payment to be made partly by a mortgage and partly in cash, and who afterwards orally consents to accept and does accept in lieu thereof a mortgage and money for an equal total, but in different proportions, can not defeat an action for the specific performance of the contract on the ground that the subsequent arrangement amounted to an attempt to ' make an oral modification of a contract required by the statute of frauds to be in writing.</p> <p>3. - Oral Modification — Substantial Compliance with Writ-. ten Contract. Under the evidence in this case an agreement to deliver a second mortgage in part payment of real estate is held to have been substantially complied with by the delivery of one which was subject to three other mortgages, their total amount being that for which the parties knew the property to be incumbered.</p>