Hill v. Maxwell

Citations

• 71 Kan. 72
• 79 P. 1088
• 1905 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contracts — Sale of Real Estate — Subsequent Oral Agreement Fully Executed — Parol Evidence. In an action by a vendor against a purchaser for a balance claimed to be due on account of the sale of a tract of land the defendant may show that at the time appointed for closing the transaction a controversy arose between the parties over the terms of the sale, and that the disputed matter was settled by the payment of a less sum than the seller claimed to be due, and a delivery of the deed to the land, even though a written memorandum of the original agreement had been made, and notwithstanding the statute of frauds.</p>