Wonsettler v. Lee
Supreme Court of Kansas
Error from Barton District Court. A. O. Lee brought this action against John Wonsettler to recover the sum of $3,490. In his petition he stated, in substance, that he made a parol agreement with Wonsettler by which they were to jointly engage in raising stock and grain. Wonsettler was to"furnish the land necessary for carrying on the business of farming and raising feed, and also teams, stock, farming implements and necessary machinery to do the work.
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Error from Barton District Court. A. O. Lee brought this action against John Wonsettler to recover the sum of $3,490. In his petition he stated, in substance, that he made a parol agreement with Wonsettler by which they were to jointly engage in raising stock and grain. Wonsettler was to"furnish the land necessary for carrying on the business of farming and raising feed, and also teams, stock, farming implements and necessary machinery to do the work. Lee was to do the work by his son and such other help as was needed in the business, who were to be furnished board by Wonsettler. Lee was to…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
The only complaint made by Wonsettler in this court is that the petition filed by Lee in the district court did not state facts sufficient to constitute a cause of action. Counsel for plaintiff in error claim the petition to be insufficient because it appears that a recovery was sought upon a contract which was never reduced to writing and was not to be performed within one year, and hence was within the statute of frauds. It is true that the contract under which the work was performed by Lee was not in writing, and also that it was one…
2Cases cited1 opinion
- Deisher v. SteinSupreme Court of Kansas · 1885
3Cited by12 opinions
- Hummel v. HummelOhio Supreme Court · 1938
- Westerman v. City of CarlsbadNew Mexico Supreme Court · 1951
- Brashear v. RabensteinSupreme Court of Kansas · 1905
- Heine v. First Trust Co.Supreme Court of Kansas · 1935
- Richard v. KilbornSupreme Court of Kansas · 1939
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