King v. Wenger

219 Kan. 668, 549 P.2d 986 (1976)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Loraine Wenger and Lorene Ralston (D) were sisters. Each owned an undivided one-half interest in a 160-acre parcel of land, subject to a life estate in their mother, Ethel Wenger. The three agreed that the property should be sold, and D approached King (P) about having the property appraised. P refused to appraise the property but expressed an interest in buying it. Ethel agreed to release her life estate so that the property could be sold. Ethel, Loraine, and P agreed on a purchase price. Loraine called Lorene, who lived in another state and got her general agreement to the sale over the phone. After the conversation, Loraine, and P sat in Loraine's car while she wrote out an agreement on a piece of paper. The writing contained the date, a description of the property, the sale price, and the amount of the down payment. It was signed by P and Loraine; Loraine also signed for Lorene. The parties further agreed to meet in the office of P's attorney the same afternoon, where a formal contract of sale would be drawn and executed. The attorney advised that he would be unable to draw a formal contract that day. Although P had made out two checks to Loraine for the down payment, his attorney advised him not to pay her at that time and retained the checks. When the contract was drafted and sent to Loraine and Lorene for their signatures, they refused to sign it because it was inconsistent with their oral agreement with P. The revised contract was also rejected. The property was sold to someone else. P sued for specific performance. D moved for summary judgment, which was granted. P appeals.