Edwards v. Brinkerhoff

Citations

• 85 Kan. 67
• 116 P. 222
• 1911 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Evidence—Statute of Frauds. Under the pleadings and evidence in this case the statute of frauds (Gen. Stat. 1909, § 3838) has no application.</p> <p>2. - Petition — Amendment—Reply—Waiver. Where a fact essential to the cause of action is not alleged in the petition but is alleged in the reply as occurring after the filing of the petition and the trial is proceeded with, without objection, as if the reply had been filed, by leave of court, as a supplemental amendment to the petition, it will be so regarded here.</p>