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Berryman v. Kmoch

Supreme Court of Kansas
559 P.2d 790 (1977)

Berryman v. Kmoch


Berryman (plaintiff) owned a tract of land. Kmoch (defendant), a real estate broker, wanting to buy the land, entered into an option contract with Berryman stating that Kmoch had the option to purchase the property. The option stated that Kmoch would pay $10 as consideration, but Kmoch did not do so. Kmoch subsequently began working to interest other investors to join him in purchasing the land. Berryman contacted Kmoch in July asking to be released from the option. The parties never agreed that Berryman would be released from the option. Berryman sold the land shortly thereafter to another buyer. Kmoch later decided to exercise the option, but the bank representative informed him that the property had been sold. Kmoch then recorded the option. Kmoch sent a letter to Berryman in October attempting to exercise the option. Berryman filed a declaratory judgment action seeking to have the option declared null and void. Both parties filed motions for summary judgment. The trial court granted Berryman’s motion. Kmoch appealed.

Rule of Law


Holding and Reasoning (Fromme, J.)

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