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Berryman v. Kmoch

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


Berryman (plaintiff) owned a tract of land. Kmoch (defendant), wanting to buy the land, entered into an option contract with Berryman in June of 1973, stating that Kmoch had the option to purchase the property within 120 days of signing. The option stated that $10 was paid as consideration, but it was never paid. Kmoch subsequently began working to interest other investors in purchasing this land. Berryman contacted Kmoch in July asking to be released from the option. The parties never agreed that Berryman would be released form the option. Berryman sold the land shortly thereafter to another buyer. In August, Kmoch decided to exercise the option, but was informed 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.

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Holding and Reasoning (Fromme, J.)

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