Clark v. Duncan

Ed. F. McFaddiN, Justice.

This appeal presents problems arising from the alleged parol rescission of a written contract.

In December, 1945, Clark leased certain lands to Duncan for the calendar years of 1946, 1947 and 1948. The contract was in writing, and a rent note was executed for each year. Duncan cultivated the lands in 1946 and paid the rent for that year; but did neither in 1947. Thereupon Clark filed this action on the 1947 rent note. Duncan’s defense was that he and Clark had by parol mutual consent rescinded the written rent contract, and that such rescission was effective at the end…