LOHMEYER V. BOWER
170 Kan. 442, 227 P.2d 102 (1951)
NATURE OF THE CASE: This was an action for the specific performance of a real estate
contract.
FACTS: Lohmeyer (P) and Bower (D) contracted for the sale of a parcel of land. The
contract stated that D would convey good merchantable title, free and clear of encumbrances,
but subject to all recorded restrictions and easements applying to the property. In the
event that there were imperfections of title, D was to have the opportunity and reasonable
time to correct them. Abstract of title showed that the subdivider required each home to
have two stories and this home had only one story. A zoning ordinance required that no frame
building could be constructed within three feet of the property boundary; there was an
18-inch boundary. D offered to buy extra property from the lot next door. P refused and
brought suit to rescind the contract. The trial court ordered specific performance by P. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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