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eBook details

• Title: Rex v. Warner
• Author : Supreme Court of Kansas
• Release Date : January 06, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The opinion of the court was delivered by The action was one to compel specific performance of an oral
contract. Defendants, Howard C. Warner and Anna Marie Warner, his
wife, filed a special demurrer upon the ground that the alleged
oral contract sued upon was barred by the statute of limitations,
which was overruled by the trial court, and the defendants have
appealed. Pertinent allegations of plaintiff's amended petition are
quoted and summarized as follows: From January 15, 1954, until
September 10, 1954, Howard C. Warner was in plaintiff's employ in
El Dorado, and Warner and his wife resided in that city. A
desirable home was not available for rent, but defendants had an
opportunity to purchase a home for $14,000. They could obtain a
loan of $9,000 from a savings and loan association but could not
pay the balance of the purchase price. Warner orally requested
plaintiff to lend defendants $5,000 with which to complete the
payment of the purchase price, and, "orally stated and agreed that if plaintiff would
lend defendants said sum, defendants would execute a
promissory note payable to plaintiff for said amount
and a second mortgage, junior only to said mortgage
to Mid-Continent Federal Savings and Loan
Association, to secure the payment of said note. Said
conversation was renewed and repeated at and during
the numerous oral conversations plaintiff had with
defendant Howard C. Warner prior to February 12,
1954. During the course of said conversations
plaintiff agreed to lend defendants $5.000.00 for
said purpose, and plaintiff directed defendant Howard
C. Warner to have John L. Harrison, who was then the
Secretary of said Loan Association, and who acted as
agent of plaintiff and defendants in the transactions
herein referred to, prepare a note and second
mortgage for said sum of $5,000.00, and defendant
Howard C. Warner then and there
[183 Kan. 765]

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