Guthrie v. Anderson
Supreme Court of Kansas
Motion for Rehearing. The facts sufficiently appear in the opinion herein, filed at the session of the court in July, 1892. ' It was the province of the jury, in the light of all the surrounding circumstances, to determine whether Guthrie signed and caused his name to be signed to, and inserted in, the said various instruments, with intent to authenticate the same and show his connection with the transaction. Drury v. Young, 42 Am.
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Motion for Rehearing. The facts sufficiently appear in the opinion herein, filed at the session of the court in July, 1892. ' It was the province of the jury, in the light of all the surrounding circumstances, to determine whether Guthrie signed and caused his name to be signed to, and inserted in, the said various instruments, with intent to authenticate the same and show his connection with the transaction. Drury v. Young, 42 Am. Rep. 347; Johnson v. Dodgson, 2 M. & W. 650; Wood, Frauds, §416. His judgment or understanding of the legal effect of the agreement is not material. One cannot…
1Per curiam
It was stated in the original opinion handed down “that where an action is brought upon a writing or memorandum for or concerning the sale of land, if the party sought to be charged in the action .signed the same by himself or agent, he is liable thereon, and he cannot successfully plead as a defense that the plaintiff has not signed.” (47 Kas. 386.) Under the statute of frauds, the only signature required is that, of the party against whom the contract is to be enforced. The contract is good or not at the election of the party who has not signed. In this case, it is conceded that Nicholas…
2Cases cited2 opinions
- Penniman v. HartshornMassachusetts Supreme Judicial Court · 1816
- Guthrie v. AndersonSupreme Court of Kansas · 1891
3Cited by9 opinions
- Springer v. . ShavenderSupreme Court of North Carolina · 1896
- Schneider v. AndersonSupreme Court of Kansas · 1907
- Steele v. NelsonSupreme Court of Kansas · 1934
- Wiley v. HellenSupreme Court of Kansas · 1910
- Board of Johnson County Comm'rs v. KearneyCourt of Appeals of Kansas · 1983
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