Witt v. Boothe

Citations

• 98 Kan. 554
• 158 P. 851
• 1916 Kan. LEXIS 125

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vendor and Purchaser — Purchase of Real Property — Oral Contract Partly Performed — Statute of Frauds no Defense. A purchaser of real property under an oral contract, who pays a part of the purchase price, takes possession of the property under the contract, and retains possession until the commencement of an action against him for the recovery of the balance of the purchase price, can not defeat that action by setting up the statute of frauds.</p> <p>2. Same — Warranty Deed — Balance on Previous Contract — Recovery. The purchaser of a tract of land who obtains a deed therefor is entitled to receive the unpaid purchase money outstanding on a previous contract for the sale of the land by the grantor in the deed to a third person.</p> <p>3. Judgments- — Personal—Wife Not a Party — Homestead. A personal judgment may be rendered in an action against a defendant whose wife is not a party, although the claim on which the judgment is rendered is one against which there is no .homestead exemption.</p> <p>4. Pleadings — Petition — Failure to Allege Tender of Deed — Defect Cured by Judgment. A defect in a petition in not alleging a tender of a deed is cured by judgment requiring the plaintiff -to deposit a deed before judgment is rendered.</p> <p>5. Appeal and Error — -Installment Notes — Judgment on Installments Not Due — Error. It is error to render judgment for the entire unpaid purchase price of real property payable in installments, when only a part of the installments are due and there is nothing in the contract of sale accelerating future payments.</p>