Heskett v. Border Queen Mill & Elevator Co.

Citations

• 81 Kan. 356
• 105 P. 432
• 1909 Kan. LEXIS 370

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Agreement — Memorandum—Parol Evidence. Parol proof can not be received to enlarge, vary or contradict a complete written contract, but this rule is not applicable to a brief memorandum which on its face is obviously incomplete. As to such a writing parol evidence may be received, not to contradict the writing, but to show the complete agreement of the parties of which the writing is only a part.</p> <p>:2. Pleadings — Departure. The plaintiff pleaded in his petition that an oral contract made with defendant had been violated. In the answer the defendant alleged that the contract was in writing, and set up a.brief memorandum. The reply admitted the signing of the memorandum, but alleged that it was only ■a part of the contract, and, continuing, set forth the remaining stipulations of the entire eontráet, which were not in writing. Held, that the facts set forth in the reply did not constitute a departure.</p>