(DOWNLOAD) "Haberer v. Newman" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Haberer v. Newman
- Author : Supreme Court of Kansas
- Release Date : January 08, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by This is an appeal by defendants, Lawrence M. Newman and his son, Raymond H. Newman, from a judgment of the district court granting specific performance of an auction contract for the sale of real property. The principal dispute concerns the legal effect of an announcement made by the auctioneer, Don Legere, immediately preceding the falling of the hammer, that all creditors must be satisfied from the proceeds of the sale to make title marketable. Plaintiffs, Rudy R. and Jean Haberer, moved to dismiss the appeal because of the Newmans' compliance with the judgment of the trial court. We have concluded that acts of the Newmans following the entry of judgment savor of acquiescence and the appeal should be dismissed. On or about March 28, 1972, Lawrence Newman telephoned Legere, a licensed auctioneer and real estate broker, to discuss hiring him to conduct an auction of some land owned by the Newmans. At a meeting later that day Raymond Newman advised [219 Kan. 563]