Artwein v. Link

Citations

• 108 Kan. 393
• 195 P. 877
• 1921 Kan. LEXIS 53

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — On Written Contract — Allegations Relating to Cotemporaneous Oral Contract Properly Stricken Out. The allegations of a petition setting out an oral contract made cotemporaneously with a written one, may be stricken out on motion where, by the oral contract, the terms of the written one are sought to be added to or altered, and no new or additional consideration is alleged.</p> <p>2. Contract — Sale of Oil and Gas Lease — Expected Profits Not an Element of Damages for Breach of Contract. Profits expected to be realized from the sale of oil and gas leases on account of an oil and gas well being drilled on or near them, cannot be recovered as damages from those failing to drill' the well, where the contract does not show that the parties contemplated that such loss of profits might be recovered as damages upon a breach of the contract. ■</p>