Young v. Schwint

Citations

• 108 Kan. 425
• 195 P. 614
• 1921 Kan. LEXIS 61

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Contract for Sale of Land, — When Decree-Will Be Refused. Specific performance of a contract for the sale of lands is not a matter of course. Performance will be decreed only when, upon all the facts, it is equitable it should be done. (Fowler v. Marshall, 29 Kan. 665, Syl. ¶ 1.)</p> <p>. 2. Same — Facts Justifying Refusal of Decree for Specific Performance. In an action by the purchaser to compel specific performance of a contract for the sale of real estate, the writings comprising the contract are examined and held to leave it doubtful whether the minds of the parties ever met in respect to the meaning of certain terms, and in view of all the circumstances and the great inadequacy of price, held, that specific performance should not be ordered. (Burkhalter v. Jones, 32 Kan. 5, 3 Pac. 559; Shoop v. Burnside, 78 Kan. 871, 98 Pac. 202.)</p>