Legal Opinion · Dissent

In Re Estate of Goff

Supreme Court of Kansas

Decided March 2, 1963No. 42,894Published

1DissentSchroeder, J.

In my opinion, the oral agreement in the instant case violates the statute of frauds for the reasons hereafter assigned.

No doctrine is better established or more frequently applied than the following: Where parties have carried on negotiations, and have subsequently entered into an agreement in writing with respect to the subject matter covered by such negotiations, the written agreement constitutes the contract between them and determines their rights. (Arensman v. Kitch, 160 Kan. 783, 789, 165 P. 2d 441, including cases cited therein; and Oliver v. Nugen, 180 Kan. 823, 308 P. 2d 132.)

In…

2Cases cited18 opinions

  1. Shepard v. John Hancock Mutual Life InsuranceSupreme Court of Kansas · 1962
  2. Dearborn Motors Credit Corporation v. NeelSupreme Court of Kansas · 1959
  3. Arensman v. KitchSupreme Court of Kansas · 1946
  4. Oliver v. NugenSupreme Court of Kansas · 1957
  5. Skinner v. SkinnerSupreme Court of Kansas · 1928

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