Clark v. Townsend

Citations

• 96 Kan. 650
• 153 P. 555
• 1915 Kan. LEXIS 455

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. General Denial — Evidence of Special Contract. In an action for the reasonable, value of services rendered it is not error to admit under a general denial evidence of an agreement that no charge was to be made therefor, where no actual prejudice appears.</p> <p>2. Written Contract for Services — Parol Evidence — Gratuitous. Where the recipient of a letter authorizing him to buy certain property upon certain terms, as the agent of the writer, nothing being said about compensation, brings an action for the reasonable value of his services thereunder, the defendant may show a prior agreement that no charge was to be made, if under all the circumstances the document does not appear to cover the entire contract of the parties.</p> <p>3. Same — Unsigned Memorandum — When Admissible. An unsigned memorandum of a proposed contract, although of a different effect from the instrument finally executed, may be received in evidence for the purpose of showing the relation of the parties, where that will throw light upon their understanding with regard to a subsequent transaction.</p>