Stanly v. Buser

Citations

• 105 Kan. 510
• 185 P. 39
• 10 A.L.R. 218
• 1919 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accord and Satisfaction — Default in Payment — Aeeord Agreement Ineffectual. To make an accord effectual, there must be a satisfaction, and if payment on an accord is to be made when the agreement is made, and a party fails to make payment at that time, the accord fails, and the other party may then sue on the original claim.</p> <p>2. SaMe — Unambiguous Contract — Evidence of Custom Incompetent. Custom and usage may be shown to elucidate or explain something ambiguous in a contract, but where the contract is clear and complete it cannot be changed or supplemented by evidence of a local custom, and in the present case it is held that there was no room for the operation of a.custom.</p> <p>3. Trial — No Material Error in Record. Objections to rulings on testimony and to instructions of the court examined, and held to be without material error.</p>