Samson Cement Plaster Co. v. Heller

Supreme Court of Kansas
Samson Cement Plaster Co. v. Heller, 70 Kan. 884 (Kan. 1904)
78 P. 1115; 1904 Kan. LEXIS 83

Samson Cement Plaster Co. v. Heller

Opinion of the Court

Per Curiam:

The written contract made at Burns, Kan., on March 26, 1901, could not be varied by oral testimony of agreements. between the parties not contained in the writing. The written agreement was never modified except as to the amount to be paid Heller. Mackey testified that there was no other change, and that everything else except the amount to be paid for the stock “was agreed on as it had been originally.” The offer of proof was rightfully rejected by the trial court. (Railway Co. v. Truskett, 67 Kan. 26, and cases cited on page 35, 72 Pac. 562 )

The judgment of the court below is affirmed.

Reference

Full Case Name
The Samson Cement Plaster Company v. G. Heller
Status
Published