Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 108 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...from all the evidence. Under the instructions of the court and on evidence that warranted it, the jury returned a verdict of guilty under the first count of the information. The judgment is afiirmed. No. 22,898. DAVID WILSON, Appellant, v. L. M. Bsosrmw et al., Appellees. SYLLABUS BY THE coum'. SALE or REAL EsTA'rE---Default in Pa11ments--F0rfeilure Would Be Inequitable. Under the facts and findings herein, as indicated in the opinion, the plaintiff is not entitled to a forfeiture of his contract for the sale of the real estate involved. Appeal from Miami district court; JABEZ O. RANKIN, judge. Opinion filed March 12, 1921. Affirmed. Frank M. Sheridan, and Bernard L. Sheridan, both of Paola, for the appellant. Alpheus Lane, and C. T. Meuser, both of Paola, for the appellees. The opinion of the court was delivered by WEST, J.: The plaintiff sued in ejectment and for damages, and from an adverse judgment brings this appeal. The answer alleged that the defendants' decedent, D. V. Watkins, made a Written agreement with the plaintiff for an option to purchase the real estate involved, took possession and made certain payments; that payments at the times specified by the contract had been waived by the plaintiff; that about November 1, 1917, the decedent became very ill, and was thereafter wholly incapacitated for business, and died on December 19 following. It was further alleged that sometime after his death the plaintiff offered to carry out the terms of the contract and give to the heirs a deed upon payment to him of the full consideraU011, but the offer was accompanied by a demand that full payment be made at an impossible time, and full payment was tendered within a reasonable time. The contract was dated February 23, 1915, ...