Reid v. Kenworthy
Supreme Court of Kansas
Error from Roolcs District Court. ACTION brought by Reid against Kenworthy, to recover $100 damages for entering upon certain land claimed by the plaintiff, cutting down trees growing thereon, and carrying away and converting the same to the defendant’s use. The defendant answered, among other things, as follows: “Third.
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Error from Roolcs District Court. ACTION brought by Reid against Kenworthy, to recover $100 damages for entering upon certain land claimed by the plaintiff, cutting down trees growing thereon, and carrying away and converting the same to the defendant’s use. The defendant answered, among other things, as follows: “Third. That on the 27th of March, 1879, plaintiff entered into an agreement with one George Steele, of Rooks county, Kansas, the said George Steele acting for and on behalf of this defendant, for a consideration, wherein plaintiff agreed with-the said Steele, acting for defendant,…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
Two questions are presented in this case: First, whether the proper foundation was laid for the introduction, by secondary evidence, of the contents of a certain memorandum, or written instrument, alleged to have been executed by plaintiff on or about March 27, 1879; second, whether such instrument, or memorandum, took the case out of § 6 of the statute of frauds. Upon the trial, after the plaintiff had introduced her evidence, and rested her ease, the defendant produced A. L. Patchen as a witness in his behalf, who testified as follows:
“I…
2Cited by8 opinions
- Fry v. Platt.Supreme Court of Kansas · 1884
- Wing v. MollettSupreme Court of Kansas · 1924
- Fey v. Loose-Wiles Biscuit Co.Supreme Court of Kansas · 1938
- Ross v. AllenSupreme Court of Kansas · 1891
- Cassity v. CassitySupreme Court of Kansas · 1938
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