· 3/6/1971
Fast v. Kahan
Citations
- 481 P.2d 958
- 206 Kan. 682
- 62 A.L.R. 3d 1157
- 39 Oil & Gas Rep. 232
- 1971 Kan. LEXIS 344
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “in the absence of fraud or mutual mistake, a clear and unambiguous contract must be enforced according to its terms”
- terms of a written contract may be varied, modified, waived, annulled or wholly set aside by subsequently executed contract in parol or in writing
- although the contract included provisions for determining amount of partners' annual settlement, partners adopted another means to determine annual settlement, and so modified contract by their conduct
- courts have generally held that statutes permitting unincorporated associations to be sued eo nomine do not preclude a plaintiff from pursuing any remedy available to him at law or in equity against the individual members
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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