White v. Immenschuh

Citations

• 106 Kan. 333
• 187 P. 667
• 1920 Kan. LEXIS 514

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Exchange of Real Property — Organization of Drainage District — When it Becomes an Encumbrance on Lands. The organization of a drainage district does not constitute an encumbrance on the land in the district within the meaning of a contract for the exchange of real property; and the apportionment of assessments to pay for the improvements does not constitute such an encumbrance until the assessments have ripened into a tax, and the tax has become a lien on the land under the general tax laws of the state.</p> <p>2. Exchange of Land. — Memorandum Signed by Both Parties. — Statute of Frauds. A contract for the exchange of real property, specifying the terms on which the exchange shall be made, signed by both the parties thereto, does not conflict with the statute of frauds.</p> <p>3. Same — Agent Acting for Both Parties. A written contract for the exchange of real property cannot be avoided by showing that* the agent who brought about the execution of the contract, was the agent of both parties, when each party knew at the time that the agent was acting for the other.</p> <p>4. Same — Rescission of Contract — Tender of Performance — Damages. Where one .of the parties t:o' a contract for the exchange of real property notifies the • other that he will -not comply therewith, it is not necessary for the party thus notified to tender performance on his part before commencing an action to recover damages for the failure of the other party to perform the contract.</p> <p>5. Same — Satisfactory Abstract of Title — Question of Fact — Demurrer to Evidence. Where a contract for the exchange of real property provides that each party shall furnish an abstract satisfactory to the other, and one makes an objection to the abstract furnished him, and there is evidence from which either good or bad faith in making the objection may be found, the good faith of the objection is a question of fact to be found from the evidence and should not