Van Doren v. Altoona Portland Cement Co.

Citations

• 92 Kan. 470
• 141 P. 560
• 1914 Kan. LEXIS 260

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract for Services — Oral Proposition — Petition Showed no Acceptance■ — Demurrer thereto Rightly Sustained. In an action to recover for the alleged breach of a contract for services the petition alleged that plaintiff made an oral proposition to enter the employ of the defendant as superintendent for one year commencing in the future, at a certain salary and upon certain terms and conditions, including an option to purchase certain shares of the stock of the defendant company; that the defendant in writing afterwards accepted the proposition in a letter, a copy of which was attached to the petition. The letter accepted the proposition relating-to the option on stock, but contained no reference to the terms or substance of any contract relating to employment. Held, that a demurrer to the petition Was properly sustained.</p> <p>2. Same — Contract Embraced in Letters and Writings — Parol Evidence Inadmissible. While a contract may be embraced in letters and separate writings the relations between the various instruments must appear in the writings themselves. Parol evidence can not ordinarily be resorted to for the purpose of establishing such relation.</p> <p>2. Same — Copies of Letters Incompetent Evidence. Certain copies of letters were properly stricken from the petition for the reason that they were not signed by the defendant or by any person authorized in writing by the defendant to sign the same.</p>