City Center Bank v. City of Rosedale

Citations

• 108 Kan. 474
• 196 P. 770
• 1921 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale and Purchase — Machine — Official Records of City —■ Impeachment by Parol Evidence. In an action against a city for the purchase price of a sewer-cleaning machine it is held that the official records of the city showing the adoption by the city council of a resolution authorizing the mayor to purchase the machine cannot be impeached by the parol evidence of some of the'members of the city council at that time to the effect that they had no recollection of the adoption of the resolution. (Manufacturing Co. v. Porter, 103 Kan. 84, 172 Pac. 1018.)</p> <p>2. Same — Directed Verdict. There being no competent evidence offered by the city to dispute the plaintiff’s claim it was error to submit the cause to the jury, and plaintiff’s motion for a directed verdict should have been sustained.</p>