(Download) "Russell v. Ferrell" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Russell v. Ferrell
- Author : Supreme Court of Kansas
- Release Date : January 11, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The opinion of the court was delivered by These two appeals, ordered consolidated in this court, arise
out of actions in the trial court and its application of
equitable principles to a written contract for the sale of real
estate, in which both parties sought affirmative relief. Appeal
No. 40,465 (cause No. 19,038 in the court below) was an action by
the vendors, J.D. Ferrell and Ann I. Ferrell, hereafter referred
to as the Ferrells, against the American State Bank, Great Bend,
the escrow agent designated in the contract, hereafter referred
to as the Bank, for rescission of the contract and for liquidated
damages. Appeal No. 40,466 (cause No. 19,047 in the court below)
was an action by the purchasers, Homer B. Russell and Marion F.
Russell, Jr., hereafter referred to as the Russells, against the
Ferrells and the Bank for specific performance of the same
contract and to recover the reasonable rental value of the
building from January 6, 1956. Upon application, the district
court permitted the Russells to intervene and defend in cause No.
19,038. By agreement of the parties both actions were tried together.
The pleadings are of little consequence except as will be
hereafter specifically noted. The trial court's extensive
findings of fact and conclusions of law best tell the story of
the events leading up to the execution of the contract and of the
parties' subsequent proceedings thereunder. They are summarized
as follows: The Russells are medical doctors and reside in Great
Bend, however, during the period of this litigation Homer was in
Chicago and Marion was in Kansas City. Each returned to Great
Bend for the Christmas holidays
[181 Kan. 261]
 "Russell v. Ferrell" by Supreme Court of Kansas * eBook PDF Kindle ePub Free){kind=link}