Minneapolis Steel & Machinery Co. v. Schalansky

Citations

• 100 Kan. 562
• 165 P. 289
• 1917 Kan. LEXIS 374

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Engine■—Mutual Mistake in Contract — Oral Evidence. Where a mutual mistake in a written contract is alleged and reformation is asked, oral evidence may be introduced to prove the mistake and the contract as it should have been.</p> <p>2. Same — Trial—Demurrer Properly Overruled. Where a mutual mistake in a written contract is alleged and reformation is asked, and where the evidence is sufficient to show the mistake and the contract, a demurrer to the evidence should not be sustained.</p> <p>3. Same — Motion to Set Aside Finding. A motion to set aside a finding of the jury should not be allowed where the evidence fairly tends to prove the fact found.</p> <p>4. Same — Mutual Mistake — Instructions. The law of mutual mistake, as applied to the issues and the evidence in this case, was correctly set out in the instructions.</p> <p>5. Same. It is not error to refuse to give an instruction on a matter that is immaterial.</p>