Berryman v. Kmoch
Supreme Court of Kansas
221 Kan. 304, 559 P.2d 790 (1977)
- Written by Sarah Larkin, JD
Facts
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
Issue
Holding and Reasoning (Fromme, J.)
What to do next…
Here's why 820,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
