Kiler v. Wohletz

Citations

• 79 Kan. 716
• 101 P. 474
• 1909 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts—Compromise and Settlement. Where two parties in settlement of a controversy, wherein one contends that he owes the other a small sum while the other contends that there is due to him a much larger amount, compromise and fairly agree upon the amount due, and the debtor then executes a. promissory note therefor, the promise will be binding upon the parties and the note valid.</p> <p>2. •—-■ Same. Where there has been a valid agreement to compromise it is not admissible to go back of the settlement to determine who was in the right in the original contention.</p> <p>3. - Fraud—Duress. The fact that the creditor insisted that the larger amount was due and that he threatened to enforce his claim by a civil action constitutes neither fraud nor legal duress.</p>