Legal Opinion

Monarch Build v. DLH Holdings

Court of Appeals of Kansas

Decided April 11, 2025No. 126930PublishedCited by 3 opinions

1Opinion of the Court

No. 126,930 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MONARCH BUILD, LLC, Appellee, v. DLH HOLDINGS, LLC, et al., Appellants. SYLLABUS BY THE COURT 1. Under K.S.A. 33-106, the statute of frauds prohibits the filing of an action to enforce an agreement that is not to be performed within one year unless it is in writing and signed by the party to be charged. 2. If the performance of the agreement is possible within the time of one year, then K.S.A. 33-106 does not apply. 3. In order to enter into a binding agreement, the parties must have a "meeting of the minds" on the material or…

2Cases cited26 opinions

  1. Haz-Mat Response, Inc. v. Certified Waste Services Ltd.Supreme Court of Kansas · 1996
  2. Wolfe Electric, Inc. v. DuckworthSupreme Court of Kansas · 2011
  3. J. W. Thompson Co. v. Welles Products Corp.Supreme Court of Kansas · 1988
  4. Augusta Bank & Trust v. BroomfieldSupreme Court of Kansas · 1982
  5. Bomhoff v. Nelnet Loan Services, Inc.Supreme Court of Kansas · 2005

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3Cited by3 opinions

  1. Conco, Inc. v. Napco Precast, LLCDistrict Court, D. Kansas · 2026
  2. Heavy Equipment Movers and Installation, LLC v. Calgon Carbon CorporationDistrict Court, S.D. Mississippi · 2025
  3. William Scott Carpenter v. Fairlane Contractors, LLC, et al.District Court, D. Kansas · 2026

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