85 Kan. 320 | Kan. | 1911
The opinion of the court was delivered by
The plaintiff, Banister, and the defendant, Fallís, agreed in writing to exchange land,- each party to furnish an abstract showing perfect title to his land. The parties met at a bank to close the trade, when a supposed defect in the title to the Fallís land
The petition rested the plaintiff’s cause of action on a breach of the contract to exchange land. It was alleged that Fallís represented that he was the owner of the land he offered, and had a good title thereto; that the plaintiff contracted on the faith of such repre
The petition alleged that the contract provided that the bank was to hold the contract and the deeds of the respective parties until their titles were perfected. The proof showed that the matter of leaving the papers at the bank arose after the contract was executed and when the parties met to exchange deeds. The plaintiff, however, made an offer to show a parol agreement that all papers should be left in the bank until the supposed defect in the title was cured, that Fallís agreed to obtain a quitclaim deed from Peacock, and that until he did so all papers were to be retained by the bank without delivery. This offer was rejected. It is argued
Some evidence of the oral arrangement referred to was given before the subject of its admissibility was definitely passed on by the rejection of the formal offer of proof. The presumption is that such evidence was disregarded by the court in ruling upon the demurrer to the evidence. (Lee v. Railway Co., 67 Kan. 402, 409.)
The judgment of the district court is affirmed.