Jenkins v. Kirtley

Citations

• 70 Kan. 801
• 79 P. 671
• 1905 Kan. LEXIS 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partnership — Contract Ambiguous — Evidence of Intent. The partnership contract involved in this case is ambiguous in respect to the matter of who should furnish work teams to carry on the partnership enterprise; therefore it was proper that the court should take evidence concerning the situation and circumstances of the parties and other relevant facts as they stood when the contract was made, in order to ascertain their intention at that time and submit the question, under proper instructions, to a jury for their advice.</p> <p>2. -Action for Breach of Contract — Measure of Damages. In an action for damages for the breach of a partnership contract it is error to instruct the jury simply to the effect that they may use their own discretion in assessing the amount; the elements of damage open to consideration should be enumerated, and methods and criteria for their estimation should be indicated.</p> <p>S. -Improper Evidence. In an action founded upon a breach of contract, in which punitive damages are not recoverable, evidence that after the institution of the suit the defendant caused the plaintiff to be arrested in a criminal proceeding, from which he was subsequently discharged, is improper.</p> <p>4. Practice, District Court — Jury in Equity Suit — Motion for New Trial. In a case of purely equitable cognizance special findings by a jury whose advice the court has sought do not become effective until adopted by the court in its decision, and the time for filing a motion for a new trial should be computed from the date of that event.</p>