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Walker v. Ireton

Supreme Court of Kansas
559 P.2d 340 (1977)


Facts

In July 1973, Walker (plaintiff) and Ireton (defendant) negotiated for the sale of Ireton’s farm. They agreed to a purchase price of $30,000, and Walker was to take possession in January 1974. The parties agreed that they would execute a written agreement for the sale of the farm. The parties later agreed to increase the price by $500. Sometime after they reached an agreement, Walker sold his existing farm and leased space to continue his horse breeding and training business. Walker delivered a $50 deposit as agreed. A month later he obtained a title abstract for $36 and paid $75 to have an attorney review it. He then delivered an installment payment of $7,612 per their agreement. Ireton did not endorse or deposit either of these checks. Ireton then informed Walker that he would not go ahead with the sale and refused the payments. Walker was then evicted from the space that he was leasing. The agreement was never reduced to writing, and Walker did not make improvements to Ireton’s farm. Walker sued for specific performance of the oral contract. The trial court granted Ireton summary judgment because the statute of frauds precluded enforcement of the agreement and that equity did not compel the court to enforce it. Walker appealed.

Rule of Law

Issue

Holding and Reasoning (Prager, J.)

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