Stone v. Barr

Citations

• 111 Kan. 775
• 208 P. 624
• 1922 Kan. LEXIS 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Pleadings — Petition—Allegations of Contemporaneous Oral Contracts Varying' Terms of Promissory Notes Properly Stricken Out. It is not error to strike from a petition allegations concerning oral contracts pleaded to avoid the effect of the statute of limitations where evidence cannot be received to prove one of those contracts because it adds to, varies, alters, and contradicts the terms of a contemporaneous or subsequent written instrument concerning which the oral contract was made, and the other contract cannot be proved for the reason that it is required to be in writing by section 23 of the code of civil procedure.</p>