Ritchie v. Rawlings

Citations

• 106 Kan. 118
• 186 P. 1033
• 1920 Kan. LEXIS 466

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Verification of Answer — Execution of Written Instrument Put in Issue. The question of the execution of a written instrument held to have been in issue, notwithstanding the form of the verification of the denial thereof.</p> <p>2. Contract — Division of Property — Proposition Not Accepted During Lifetime of Party — No Completed Contract. A letter, including an agreement for the division of property left by a decedent was signed by all the heirs excepting one, to whom it was mailed for his consideration and action. He did not reply nor make any communication regarding it, but in the course of something over a week came to the place of residence of the signers, bringing it with him, arriving aftter the death of one of them. He then assumed the position that the letter, to which his signature was affixed, had become a binding contract. Held, that the position was untenable, because for that situation to have arisen his acceptance must have been determined upon and communicated during the life of all the parties.</p> <p>3. Same — Evidence. The evidence held not to preclude the parties interested from denying the existence of such a contract.</p>