Brashear v. Rabenstein

Citations

• 71 Kan. 455
• 80 P. 950
• 1905 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Statement to the Jury. It is not indispensable that the preliminary statement of the plaintiff’s case to the jury shall include all the facts essential to recovery. The facts referred to in the statement need not be stated with exactness, and the court is not authorized to take the case from the jury or to render judgment upon the statement unless some fact be clearly stated or some admission be clearly made which evidence relevant under the pleadings cannot cure, and which, therefore, necessarily and absolutely precludes recovery.</p> <p>2. Contracts — Implied. A party not at fault himself may recover in quantum meruit for advancements that he has made upon the faith of a contract which is unenforceable under the statute of frauds, and which the other party refuses to perform.</p>