Lesem v. Harris

Citations

• 102 Kan. 222
• 169 P. 959
• 1918 Kan. LEXIS 10

Syllabus

<p>syllabus by the court.</p> <p>1. Contracts — Written Contract — Contemporaneous Verbal Contract— Verbal Contract Disregarded. To the petition to recover on a written contract for the payment of money the answer set up an additional written contract made at the same time, and also a verbal contract varying the terms of the written instruments. Held, that under the primer and horn-book rule such oral agreement was properly disregarded.</p> <p>2. Same — Petition — ■ Answer — Judgment on Pleadings Improper. The petition alleged ownership by the plaintiffs of a certain lease, a part of the consideration for the written instrument sued on. The. answer pleaded failure of consideration, and contained a general denial. Held, that it was error to render judgment for plaintiffs on the pleadings.</p> <p>3. Same — Motion to Make Definúe — Properly Overruled. The motion to make the petition more definite and certain was properly overruled.</p>