49 Kan. 777 | Kan. | 1892
The opinion of the court was delivered by
This was an action by Hodges & White to recover damages from Geo. A. Farnham for his refusal to •convey, a tract of land in Woodson county, in violation of a •contract made between them. The contract provided that Farnham should convey a farm in Woodson county for a •stock of drugs and fixtures which Hodges & White had in a store at Paola. An inventory of the stock and fixtures was to be made, and the value determined according to certain rules, which were stated, and the farm for which they were to be exchanged was valued at $3,400, upon which there was an •existing incumbrance of $700. Hodges & White agreed to pay Farnham the difference, in cash, between the values of "the properties exchanged, if any difference was found to exist. The farm was inspected by Hodges & White and found to be satisfactory, and they proceeded with the inventory of the stock of drugs until it was found that the value of the stock and fixtures exceeded the value of the farm, when Farnham declined to complete the contract and exchange, and Hodges & White immediately brought this action, claiming that they were damaged in the sum of $700 by the failure to convey in compliance with the' contract.
After the court had indicated its purpose to instruct the jury to find for the defendant in case they found the farm to-be a homestead, the plaintiffs asked leave to amend their peti
The judgment of the district court will be affirmed.