Whitlow v. Board of Education

Citations

• 108 Kan. 604
• 196 P. 772
• 1921 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Sale of Land — By School Board — Statute of Frauds- — Official Records — Sufficient Memorandum. The minutes of a board of education, duly entered in the clerk’s journal and approved at a later meeting of the board, recording the board’s determination to sell a tract Of ground owned by the board, and recording the vote thereon, and authorizing and directing the president and clerk of the board to execute a deed to the property in favor of the purchaser, are a sufficient memorandum of the contract to bind the board under the statute of frauds.</p> <p>2. Same — Sale of Land — Completed Contract — Public Interest Involved —Specific Performance Refused. Where a board of education has made a contract to sell a tract of school ground pursuant to its purpose to acquire a parcel of ground for a schoolhouse elsewhere, but later changes its determination and rescinds its contract, and decides to build the schoolhouse on the ground it had contracted to sell, preferring, if it must, to respond in damages to the contractee, a- court of equity, in its discretion and with due consideration to the public interest involved, may decline to compel the school board to perform its contract to sell the property.</p>