Autem v. Mayer Coal Co.

Citations

• 98 Kan. 379
• 158 P. 13
• 1916 Kan. LEXIS 90

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Option Contract — Coal in Mineral Reserve — Breach—Petition for Specific Performance■ — Demurrer. The amended petition set forth an option contract for the mineral reserve under certain land under-laid with a coal vein of thirty-four inches or more in thickness and the tender of a deed conveying only the one vein mineral reserve thereunder and the defendant’s refusal to accept. -Held, that a demurrer to such pleading was rightly sustained.</p> <p>2. Same — Oral Alteration Void. The material alteration by oral agree- ■ ment of a contract for the conveyance of land is void under the statute of frauds.</p> <p>3. Same — No Ambiguity in Contract. Rule followed that evidence of the construction placed upon a written contract by fhe parties thereto is admissible only when such contract is ambiguous.</p>