6 Kan. 420 | Kan. | 1870
The opinion of the court was delivered by
This was an action brought to recover damages for the breach of a parol agreement for the sale of land. By the terms of the agreement, as appears from the pleadings and the proofs, Lister was to convey to Batson certain described lands upon an agreed consideration, and at a specified time, to-wit, on the next day but one after the making thereof. He reserved the right to occupy the dwelling situate on the premises for the period of four weeks, and to remove certain trees .and shrubs there planted and growing. Nothing was paid on account of the purchase' money, at the time or since, but Batson entered upon a portion of the premises
Upon the trial below, which resulted in a verdict and judgment for the sum of two hundred dollars damages as .against the vendor,\and in favor of the purchaser, the court instructed the jury that — “ The measure of damages “ in such case is the difference between the price of the “ land as agreed upon, and the amount it was worth at “ the time the conveyance was contracted to be made.”
Several questions are raised and argued with great ability on the part of the plaintiff in error, but inasmuch as the case must go back on the point already noticed, it will not be necessary to discuss or to decide them. It may not be out of the way, however, to remark, that we entertain very grave doubts as to whether the record here shows that a prima facie case was even made out by the plaintiff.
The judgment is reversed, and the cause remanded for further proceedings.