Guthrie v. Merrill
Supreme Court of Kansas
Error from Wyandotte County. The facts of the case appear in the opinion of the court. submitted: 1. The petition sets out the contract. The answer nowhere denies the execution of the contract, or liability on it, but avers performance. With this state of pleading, judgment must be for or against all defendants.
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Error from Wyandotte County. The facts of the case appear in the opinion of the court. submitted: 1. The petition sets out the contract. The answer nowhere denies the execution of the contract, or liability on it, but avers performance. With this state of pleading, judgment must be for or against all defendants. There is no issue as to the liability of other members of the firm, but whether the services were performed under the contract. 2. Secondary evidence of the contents of the written contract upon which this action is founded, was not admissible. The evidence did not show the original…
1Opinion of the Court
By the Court,
Safford, J.
There are several assignments of error in this case, which have been presented and insisted upon by counsel with much earnestness, as furnishing, and each in itself, ample grounds for the reversal of the judgment herein, as entered by the district court. But it will not be necessary to consider all of the errors complained of, inasmuch as the views we entertain, respecting a small portion of them, practically determine the disposition of the case, as far as we are concerned. But even if we were disposed to discuss all the points which have been raised by the argument,…
2Cases cited1 opinion
- Sebree v. DorrSupreme Court of the United States · 1824
3Cited by10 opinions
- McKelvy v. Choctaw Cotton Oil Co.Supreme Court of Oklahoma · 1915
- Sheets v. EalesSupreme Court of Kansas · 1932
- Shaw v. MasonSupreme Court of Kansas · 1872
- Hurt v. EdgellSupreme Court of Kansas · 1938
- Little v. DoughertySupreme Court of Colorado · 1887
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