Peckinpaugh v. Lamb

Citations

• 70 Kan. 799
• 79 P. 673

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court— Verdict Properly Directed by Court■ It is not error for a trial court to instruct the jury to return a verdict for the defendant where the action is founded upon a specific agreement, and the evidence of plaintiff conclusively shows that the performance of the conditions of the agreement pleaded had, by consent of both parties, been waived, and, in lieu thereof, another and different agreement had been made.</p>