Wheeler, Kelly & Hagny Investment Co. v. Curts

The opinion of the court was delivered by

Harvey, J.:

This was an action upon a written contract for the sale of real property. A trial by the court resulted in judgment for plaintiff. Defendant has appealed and contends that the court erred in excluding testimony of a prior oral agreement respecting the consideration to be paid for the property.

The petition, filed April 16, 1942, alleged that on July 15, 1941, plaintiff and defendant entered into a written contract, a copy of which was attached, by the terms of which plaintiff agreed to sell 'to defendant certain real property in Wichita and…