O'MALLEY v. Frazier

I respectfully dissent from the majority opinion and would affirm the decision of the Court of Appeals for the reasons stated in that opinion. “A part payment speaks for itself, and, when a part payment is made in a contract case, the provisions of K.S.A. 60-520 come into play, having the effect of tolling the statute of limitations.” Hustead v. Bendix Corp., 233 Kan. 870, Syl. ¶ 4, 666 P.2d 1175 (1983). No longer in Kansas will a “payment speak for itself’ in a contract case. According to the majority opinion, part payment by a debtor means what the debtor says at the time payment is made…