Van Arsdale-Osborne Brokerage Co. v. Foster

Citations

• 79 Kan. 669
• 100 P. 480
• 1909 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Contract —• Ambiguity—Parties—Parol Evidence. Where it appears from a written contract that it was intended to bind some particular parties, but the contract does not 'show with certainty who the parties to it were, parol proof may be admitted to establish the identity of such parties.</p> <p>2. Petition—Election of Counts. In order to meet the possible exigencies of the proof it was competent for the plaintiff to allege its right of recovery in two counts, one on the contract and the other for money had and received, although both are founded on the same transactions.</p>