Hall v. Seelye

Citations

• 107 Kan. 14
• 190 P. 737
• 1920 Kan. LEXIS 4

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — School Expenses — Payment for Extras — Demurrer to Evidence. The evidence failing to show any contract for extras, it was not error to sustain a demurrer to the evidence introduced for the purpose of showing that they were furnished.</p> <p>2. Same — School Expenses — Contract Need Not Be in Writing — Erroneous Instruction. It was error to charge that the contract to receive the defendant’s daughter into the plaintiff’s school needed to be in writing, as the facts showed her actual acceptance as a pupil, which was sufficient.</p> <p>3. Same — Nonperformance of Contract by Plaintiff — Findings. The main contention was as to performance or nonperformance by the plaintiff of the terms of the contract, and in the absence of special findings the general verdict in favor of the defendant fairly signifies that the jury found the services were not performed, and from all the facts and circumstances shown by the record the error is deemed harmless.</p>