Phelps & Bigelow Windmill Co. v. Piercy
Supreme Court of Kansas
Error from Johnson District Court. On June 5, 1885, the Phelps & Bigelow Windmill Co. and Fred Piercy entered into an agreement about the erection of a windmill with various attachments, on Piercy’s land. The company insists that the entire contract between the parties is in two written instruments — one a statement made by Kelsey, the duly-authorized agent of the company; the other an order for the windmill, attachments, etc., signed by Piercy.
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Error from Johnson District Court. On June 5, 1885, the Phelps & Bigelow Windmill Co. and Fred Piercy entered into an agreement about the erection of a windmill with various attachments, on Piercy’s land. The company insists that the entire contract between the parties is in two written instruments — one a statement made by Kelsey, the duly-authorized agent of the company; the other an order for the windmill, attachments, etc., signed by Piercy. He claims there was a parol agreement in addition to the written instruments, which was substantially that the agreement set forth in his written…
1Opinion of the Court
Opinion by
Holt, C.:
The defendant insists that the written instruments do not constitute the entire contract between the parties, but in ¿ddition thereto it was agreed that after defendant was satisfied with the working of the mill, then these written agreements should be put in force, and not till then. Plaintiff complains of the introduction of testimony tending to show there was such an oral agreement. We are not certain that the testimony introduced would have established it. We will state, however, that it was error to admit testimony of such a character. There was a special and distinct…
2Cited by6 opinions
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- MacLorinan v. FinleySupreme Court of Kansas · 1927
- Diehl v. BarkerSupreme Court of Kansas · 1933
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- Campbell v. Lodge No. 99, Ancient Free & Accepted MasonsSupreme Court of Kansas · 1907
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