(Download) "Reger v. Sours" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Reger v. Sours
- Author : Supreme Court of Kansas
- Release Date : January 08, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The opinion of the court was delivered by This was an action to compel specific performance of an option
contract. The defense to the action was that plaintiff (appellee)
had breached the lease and option agreement so that the option
had terminated at the time he attempted to exercise it. From a
judgment ordering specific performance defendants (appellants)
appeal to this court and specify error on five points. The first
three refer to trial errors. Defendants did file a motion for a
new trial which was overruled, but the ruling is not specified as
error. We have repeatedly held that errors relating to matters
occurring at the trial for which a new trial is asked cannot be
considered on appeal unless the action of the trial court in
overruling the motion is specified as error. (McIntyre v.
Dickinson,
[181 Kan. 424]
180 Kan. 710, 307 P.2d 1068; McCarty v. Kansas-Nebraska Natural Gas Co.,
176 Kan. 386, 271 P.2d 264; Murphy v. Cole, 175 Kan. 822,
267 P.2d 959.) We also note that the fifth specification of error is in
substance that the trial court erred in rendering judgment for
plaintiff and against defendants. Such specification of error
presents nothing for appellate review. (McIntyre v. Dickinson,
supra; Gale v. Fruehauf Trailer Co., 158 Kan. 30, 33,
145 P.2d 125.) Consideration of defendants' specification of error No. 4
brings us to the sole question in this case รข€” whether the trial
court's findings of fact support the judgment rendered. (Marion
County Comm'rs v. Clark, 157 Kan. 132, 138 P.2d 449.) The well-detailed findings of fact made by the trial court are
summarized below: