Benton v. Magee

Citations

• 75 Kan. 562
• 89 P. 902
• 1907 Kan. LEXIS 102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Written Contract — Subsequent Oral Agreement — Consideration. M. and B. entered into a written agreement by which M., in consideration of $800, agreed to deed to B. ninety acres of land, five acres of which belonged to M. and the remainder to M.’s insane son. At the time the contract was made M. was not the guardian of her son, and afterward she refused to make the conveyance. It was then verbally agreed that she should have herself appointed guardian of the estate of her son and procure an order from the probate court to sell his land, and that she should then, as guardian, sell to B. about eighty-one of the eighty-five acres of her son’s land described in the original agreement for $800, and should also convey to B. two acres of her own land, a part of that described in the original agreement, for ten dollars per acre. Held, that there was sufficient consideration to support the verbal contract.</p>