Alexander v. Barker

Citations

• 64 Kan. 396
• 67 P. 829
• 1902 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Agency—Verification of Pleadings. Allegations in pleadings oí the execution of contracts of agency are to be taken as true unless the denial of them be verified by affidavit; but a counter-pleading which does not seek to put the execution of the contract in issue, but which admits its execution by failing to deny it by affidavit, and for new matter pleads its illegality, does not require verification.</p> <p>2. -Indian Territory Lands — Enforcement in Kansas. When the subject-matter of a contract is wholly in a sister state or foreign country, and the agreement in respect to it is to be wholly performed there, its validity is determinable by the laws of such state or country; hence, a contract of agency in respect to-lands in the Cherokee nation of the Indian Territory, which is to be performed there, but which is invalid by the statute law of the Cherokee Indians, is non-enforceable here, although a suit for non-compliance with it may be of the class called transitory.</p> <p>3. -Accounting not Required. One of two parties to an illegal contract, who receives profits through the execution of it, will not be compelled to account to the other, because to require him to do so would be the enforcement of the illegal agreement.</p>