Caldwell Milling Co. v. Snively

Citations

• 78 Kan. 556
• 96 P. 943
• 1908 Kan. LEXIS 102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — •Annulment — Employer and Employee. The-written contract of employment upon which this action was. brought is held not to have been annulled by the statement in a letter from the employer to the .employee “that your business has been very unsatisfactory to us in the extreme,” when the employer thereafter continued to fill and ship orders sent, by the employee and to pay him commissions thereon in accordance with the terms of the contract.</p> <p>2. - Modification by Parol Agreement — Question of Fact, Whether a written contract is, after its execution, modified by a parol agreement-is a question of fact for the jury, and when the evidence is conflicting the finding of the jury thereon, approved by the trial court, is conclusive of the fact on proceedings in error to this court.</p>