Shellberg v. McMahon

Citations

• 98 Kan. 46
• 157 P. 268
• 1916 Kan. LEXIS 11

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — For Benefit of Church cmd Parish School. The pastor of a Catholic church and parish school made a written contract with the defendant by which the defendant agreed to pay the church and school a certain sum of money when they furnished her a clear title releasing her from all claims they might have to certain property by virtue of the last will and testament of her deceased husband. Held:</p> <p>(1) Same — Parties Who May Maintain Action on Contract. Under section 27 of the civil code an action may be maintained on the contract for the benefit of the church and school by the person in whose name the contract was made.</p> <p>(2) Same — Bona Fide Dispute — Compromise and Settlement — Sufficient Consideration. Since it appears that there was a bonafi.de dispute between the parties as to whether the school and church had acquired an interest in certain property by virtue of the will, a compromise or settlement having been entered into in good faith, there was sufficient consideration for the agreement to pay.</p> <p>(3) Written Contract — Ambiguities Explained by Parol Evidence. The written contract being ambiguous and uncertain with respect to what the church and school were to do or leave undone in order to release the defendant of all claims under the will, it was proper to receive oral testimony in order to show an agreement made before the contract was reduced to writing to the effect that the defendant was to commence some kind of an action to have the will declared null and void, to which the church and school were to interpose no defense.</p> <p>(4) Same — Contract Executed — Recovery Thereon. Upon evidence showing that the defendant brought an action against the church and school ' and procured a decree quieting her title to the property described in the will, and that defendants in that suit interposed no defense, the plaintiffs in the present action are entitled to recover upon the agreement.</p>