Leis v. Potter

Citations

• 68 Kan. 117
• 74 P. 622
• 1903 Kan. LEXIS 417

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Pleading and Praetiee— Title and Ownership. PJaintiff sued on a note, claiming title as assignee of the-original payee. Defendant answered under oath that .the -note, had been assigned by the payee to one A., who had not reassigned it, and was still the owner. Plaintiff replied admitting the assign-** ment to A., but pleading an assignment by A. to the payee. Held, that, whether or not the answer contained a sufficiently ‘ verified denial of the execution of the assignment to plaintiff, these pleadings put the ownership of the note in issue; and the , error in refusing to permit defendant to introduce evidence under the answer was not cured by the fact that A. testified by deposition that he had no interest in the note.</p> <p>% Sale oe Realty — Oral Contract — Effect of Part Payment. Damages cannot be recovered for the breach of an oral contract for the purchase of real property, there being no special circumstances to take the case out of the statute of frauds. The mere ¡part payment of the purchase-price does not have that eSect.</p>