Lewis v. Norris

Citations

• 80 Kan. 620
• 103 P. 134
• 1909 Kan. LEXIS 125

Syllabus

<p>. SYLLABUS BY THE COURT.</p> <p>1. Limitation of Actions — “Promise in Writing” — Acknowledgment of the Receipt of Money. A writing which acknowledges, the receipt of $500 as belonging to a person named, but which contains no statement of any fact from which the law implies an obligation or promise, is not an “agreement, contract or • promise in writing” (Civ. Code, § 18, ¶ 1) within the saving clause of the statute of limitations.</p> <p>2. - Receipt Not a. Written Contract. The following written instrument does not constitute an “agreement, contract or promise in writing,” but is a mere receipt for money:</p> <p>“Mount Vernon, Mo., December 9, 1^03.</p> <p>“I, Andrew J. Norris, do hereby acknowledge receipt of five hundred dollars, which amount I deduct from purchase-price of the southeast quarter of section 20, except a strip three acres square in the northwest corner of south half of S. E. quarter, and the north half of the northeast quarter of section 29, all in township 29, range 25, as commission for the sale of said land to myself, as the commission belongs to my son-in-law, George Lewis, and by agreement with all parties to be deducted from purchase-price of said land this day bought from L. M. Farris. A. J. Norris.”</p>