Kingston v. Walters
New Mexico Supreme Court
Appeal from the District Court for Chaves County, before W. H. Poms, Associate Justice. A written contract may be voided or changed by a con-iemporaneous oral agreement. Kirchner v. Laughlin, 4 N. M. 386, 393, 394; Cummings v. Arnold, 3 Met. 486, Am.
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Appeal from the District Court for Chaves County, before W. H. Poms, Associate Justice. A written contract may be voided or changed by a con-iemporaneous oral agreement. Kirchner v. Laughlin, 4 N. M. 386, 393, 394; Cummings v. Arnold, 3 Met. 486, Am. Dec. 37-155; Stearns v. Hall, 9 Cush. 31; Longfellow v. Moore et al, 102 111. 294; Flemings v. Gilbert, 7 Johns 528; Mayor etc., v. Butler, 1 Barb. 337; Young v. Hunter, 6 N. Y. 204; Keating v. Price, 1 Johns., cas. 22; Esmond v. Van Benschoten, 12 Barb. 336; Clark v. Dales, 20 Barb. 42; Dodge v. Crandall, 30 N. Y. 306; Whittier et al r. Dana et…
1Opinion of the Court
OPINION OF THE 'COURT.
MILLS, C. J.
To the complaint filed in this case, the defendant demurred, and the principal ground relied on in the demurrer is the statute of frauds, defendant claiming that the complaint shows on its face that the entire contract sued on, and which concerned the transfer of lands, was not in writing, as the complaint sets out that a verbal alteration was made in the terms of the written contract, by which the time for the payment of the second in-stalment of the purchase price was extended;, and that the complaint does not show that there was any consideration for the…
2Cases cited8 opinions
- Swain v. SeamansSupreme Court of the United States · 1870
- Cheney v. LibbySupreme Court of the United States · 1890
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Emery v. . PeaseNew York Court of Appeals · 1859
- Grain v. AldrichCalifornia Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Yucca Mining & Petroleum Co. v. Howard C. Phillips Oil Co.New Mexico Supreme Court · 1961
- Alvarez v. AlvarezNew Mexico Supreme Court · 1963
- Provencio v. PriceNew Mexico Supreme Court · 1953
- Baum v. LongwellDistrict Court, D. New Mexico · 1912
6 more not listed; retrieve them via the Exa API.