Berryman v. Kmoch

Berryman v. Kmoch - Contracts 9/15 Mutual Assent Berryman...

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Contracts 9/15 Mutual Assent Berryman v. Kmoch, Supreme Court of Kansas, 1977 Facts : The signed option agreement (June 19, 1973): “For $10.00 and other valuable consideration, I hereby grant unto you or your assigns an option for 120 days after date to purchase the following described real estate.” Kmoch drafted the option contract and never paid $10.00. Their next conversation occurred in late July. Berryman expressed his desire to be released from the agreement and sold the land to another person. In August, Kmoch decided to exercise the option and made arrangements to purchase the land. Although he acknowledged that the $10.00 wasn’t paid, he points out that the agreement included a provision for “other valuable consideration” such as his expenses and efforts to interest others in joining him. In addition, he claims that promissory estoppel should’ve been applied by the trial court as a substitute for consideration. Procedure
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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Berryman v. Kmoch - Contracts 9/15 Mutual Assent Berryman...

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