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· 12/7/1918

Merkle ex rel. Upham v. Hiatt

Citations

  • 103 Kan. 767
  • 176 P. 655
  • 1918 Kan. LEXIS 378

Syllabus

<p>SYLLABUS BJf THE COURT.</p> <p>1. Contract — Support During Life — Reformation of Contract — Evidence. The evidence examined, and held to be sufficiently clear, explicit, and satisfactory to support a judgment decreeing the reformation of a contract.</p> <p>2. Same — Competency of Deposition. Error assigned in overruling a motion to suppress a deposition of plaintiff which was taken in her behalf, examined, and not sustained.</p> <p>3. Same — Operative -Interpretation by Parties — Competent Evidence. The operative interpretation of a contract, under which the parties thereto have acted for many years, is competent and potent evidence where the question of reforming the contract is in issue.</p>

Judges: Dawson

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