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eBook details

• Title: Pickering v. Hollabaugh
• Author : Supreme Court of Kansas
• Release Date : January 15, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The opinion of the court was delivered by This was an action to enforce specific performance of an
agreement to exchange real property. On October 11, 1961, Zoe J. and Mary L. Hollabaugh, husband and
wife, entered into an agreement with C.W. and Lillian Hubbard
Pickering, husband and wife, for the exchange of real properties.
The contract read in part as follows:

"First parties agree that they will, by a warranty
deed and bill of sale, convey to second parties the
Cubana Apartment Building, including the business
building upon the ground floor, . . . It is
understood and agreed that the street address of said
Cubana Apartment Building is 237 and 239 South Main
Street in the City of Wichita, Sedgwick County,
Kansas, and the exact legal description covering said
property shall be used in the deed.

. . . . . . . . . . . . . .

"Second parties agree to transfer to first parties
approximately 221 acres, located in Section One (1),
Township Nine (9), Range Seven (7) East, Pottawatomie
County, Kansas, including water, shore and access
easements to Tuttle Creek Dam and Reservoir and,
including grantors and previous owners of said
described real estate reversionary and preferred
tenant rights growing out of and appertaining to the
creation and erection of what is described as the
Tuttle Creek Dam and Reservoir by the United States
Government and any of its agencies or divisions. This
being an approximate acreage of 221 acres, but it is
understood and agreed that there may be a slight
variation of more or less than the definite acreage
of 221 acres, but this is definitely understood to be
all the real property owned by second parties in the
above described Section 1.

. . . . . . . . . . . . . .

"It is further understood and agreed that should
possession be taken before final approval of title
that the mere taking thereof shall not release either
party from meeting title requirements which may be
reasonably required to perfect a merchantable title."

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