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King v. Wenger

Supreme Court of Kansas
549 P.2d 986 (1976)


Facts

Loraine Wenger (defendant) owned a half interest in a parcel of real property. Wenger’s sister owned the other half interest. Wenger’s mother held a life estate in the property. King (plaintiff) informed Wenger that he was interested in purchasing the property. Wenger and King discussed the offer to purchase with Wenger’s mother. Wenger discussed the offer by telephone with her sister. Wenger prepared a handwritten purchase agreement. King signed the agreement. Wenger signed the agreement on her own behalf and further indicated that she was signing on behalf of her sister. Wenger’s mother did not sign the agreement. Wenger and King agreed to meet with Wenger’s attorney to have a formal purchase agreement drawn up. King presented his own attorney with checks for a down payment in accordance with the terms of the hand written agreement. Wenger’s attorney prepared a formal purchase agreement, which he delivered to the parties by mail. Wenger refused to sign the agreement because it included terms that she had not negotiated or agreed upon with King. Wenger’s attorney drafted a second purchase agreement. Wenger refused to sign the revised agreement and notified her attorney that she had entered into a purchase agreement with another party. King presented Wenger with a down payment in accordance with the hand written agreement and filed suit seeking specific performance of the agreement. After a bench trial, the court denied King’s plea for specific performance. King appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fromme, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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