Royer v. Western Silo Co.

Citations

• 99 Kan. 309
• 161 P. 654

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Declaration on Both Oral and Written Contract — Proof of Oral Contract — No Variance. Where the petition declares on both an oral and a written contract concerning the same matter, and the evidence proves an oral contract, there is no fatal variance between the petition and the proof.</p> <p>2. Contract — Ambiguous Expressions — Evidence — Interpretation for Jury. Where an ambiguous expression is used in a written contract, it is proper to show by evidence what the parties understood and intended by the expression, and to submit to the jury, with proper instructions, the interpretation of the expression as used in the contract.</p> <p>3. Contract — Authority of Agent to Make Contract — Evidence. There was sufficient evidence in this case to show that the defendant’s agent had authority to contract orally with the plaintiff for compensation for the plaintiff’s services.</p> <p>4. Same — Evidence Supports Verdict. The evidence In this case was sufficient to support the verdict of the jury.</p>