Yost v. Guinn

Citations

• 106 Kan. 465
• 188 P. 427
• 1920 Kan. LEXIS 582

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Sale of Land — Partial Payment — Notes for Balance Defective Title in Vendor — Action on Notes — Answer States Good Defense. A pleading setting out that the pleader had paid $1,000 upon the purchase price of a tract of land, receiving a contract by which the vendor agreed to execute to him a warranty deed conveying a clear’ title at a time stated, upon his paying $2,000, the balance of the purchase price; that after the maturity of the deferred payment, and while he was in default with respect thereto, he had been dispossessed under a sheriff’s deed based on the foreclosure of a preexisting mortgage for $7,000 given by the vendor on this and other realty; and that by reason thereof he had received nothing for his payment, states a good cause of action, as against a demurrer, for the recovery of what he had paid, the value of any benefits he had derived from the use of the property being a just set-off, but requiring to be pleaded by the adverse party. Such pleading also states a defense to an action on notes given for interest on the deferred payment.</p>