Strong v. Thurston

Citations

• 107 Kan. 368
• 191 P. 575
• 1920 Kan. LEXIS 79

Syllabus

<p>, SYLLABUS BY THE COURT.</p> <p>I. Grain Contract — Initiated by Telephone — Confirmation by Letter— Instruction. The rule that in certain circumstances the receipt without objection of a letter of confirmation undertaking to state the terms of an oral contract may estop the recipient to question its accuracy, was not qualified by a decision affirming a judgment appealed from upon the ground, among others, that error against the appellant had been committed by the giving of an instruction that the jury might consider confirmations sent to and received by him in determining whether or not oral contracts had previously been entered into..</p> <p>2. Same — Petition—States Cause of Action with Sufficient Clearness. It is not a valid objection to a petition declaring upon a contract originating in an oral agreement confirmed by a written statement of its terms, that it does not clearly show whether or not the pleader regarded the contract relied upon as one in writing. It is held that the meaning of the written confirmation here involved is not so obscure as to interfere with its enforcement.</p> <p>3. Same — Effect of Provisions in Letter of Confirmation Different from the Oral Agreement. One of the parties to an oral contract who receives from the other, without making objection thereto, a letter of confirmation undertaking'to state its terms, where the circumstances are such that his assent is to be implied, cannot avoid the effect of any of the provisions of the writing on the ground that they differ from those of the oral agreement as pleaded by the adverse party, or relate to matters that were not mentioned therein.</p> <p>4. Same — Contract Valid — No Wager Contract. A provision of a contract for the sale of grain to the effect that if delivery is not made at the date named the deal shall be considered open until the seller gives notice to the contrary, and that in the meantime upon the seller offering to deliver the buyer may elect to accept or refuse, is not