29 Kan. 523 | Kan. | 1883
The opinion of the court was delivered by
This was an action in the district court of Brown county, brought by defendant in error, plaintiff below, to compel the specific performance of a contract for the sale of real estate. A decree was entered in favor of the plaintiff, and defendant alleges error. The facts are these: In 1879, the land belonged to one J. S. Johnston, a resident of Illinois. In the spring of that year he visited Brown county, and applied to one Rounsaville to act as his agent for the sale of the land, naming $480 as the price. Nothing was done during that year, but in the spring of 1880 the
We disagree with counsel, and think that upon the evidence none of the three reasons can be sustained. Aside from the parol authority given to Rounsaville in 1879, there was the written authority from Johnston in 1880 to sell the land for $475 cash, net. The contract executed by Rounsaville was not in excess of the authority conferred. It purported to sell the land for $475, the same to be paid as soon as the land was cleared of incumbrances. This was not as counsel
Again, the contract was no fraud upon Johnston; neither was there any imposition practiced upon him in directing the deed to Luther Sperry. It was nothing to him as to who should be named as grantee in the deed. All that he had a right to insist upon was the $475 in cash, and whether the purchaser wanted the deed made to himself, his wife, a child, or a stranger, was a matter which in no manner concerned the vendor, and gave him no ground of complaint.
Again, the delay in the accomplishment of the sale resulted only from Johnston’s efforts to remove the tax title from his land, and was not a matter for which the purchaser was to blame, or which in any way affected the validity of the contract or the rights of the purchaser therein. Again, John P. Johnson had read the contract of sale before he took his deed from John S. Johnston, and was therefore not a purchaser without notice. We think, therefore, in conclusion, that the findings of fact were justified by the testimony and compelled the decree which was made, and it will be affirmed.