Wiley v. Hellen

Citations

• 83 Kan. 544
• 112 P. 158
• 1910 Kan. LEXIS 580

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Statute of Frauds ■ — ■ Mutuality — Specific Performance. The signing of a contract to convey real estate by the party to be charged in a suit for specific performance satisfies the statute of frauds; and want of mutuality in the contract because the party suing did not sign is not a defense to the action.</p> <p>2. - Time Not of the Essence — Abstract of Title. The mere naming of a day on or before which a contract for the conveyance of real estate shall be consummated does not make time of the essence of the contract, and if an abstract showing marketable title is to be produced it may be perfected, and title even may be perfected, within a reasonable time beyond the day named.</p> <p>S. Practice, Supreme Court — Cause Remanded for Judgment on the Evidence. At the close of the plaintiff’s evidence in a suit for specific performance a demurrer to the evidence was interposed, which the court took under consideration while the trial proceeded. When both parties had rested the court reverted to the demurrer to the plaintiff’s evidence and erroneously sustained it. Held, another trial is not necessary, and that the cause will be remanded for judgment according to the evidence.</p>