Beck v. Marriage

Supreme Court of Kansas

Beck v. Marriage

111 P. 427, 83 Kan. 806, 1911 Kan. LEXIS 257

CourtSupreme Court of Kansas

DecidedNovember 5, 1910

DocketNo. 16,546

StatusPublished

This text of 111 P. 427 (Beck v. Marriage) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beck v. Marriage, 111 P. 427, 83 Kan. 806, 1911 Kan. LEXIS 257 (kan 1910).

Pincite

Opinion

Per Curiam:

The demurrer to the petition was properly sustained for the following reasons: The contract is plain and unambiguous, and in the course of nature came to naught. No new contract of sale was pleaded. The plaintiff could not insist on a waiver because she did not alter her situation or lose any rights on account of what the defendant said and did. The defendant’s conduct was not exhibited in any matter of performance, and so could not amount to a practical construction, even if the contract had been equivocal, which it was not.

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:

The demurrer to the petition was properly sustained for the following reasons: The contract is plain and unambiguous, and in the course of nature came to naught. No new contract of sale was pleaded. The plaintiff could not insist on a waiver because she did not alter her situation or lose any rights on account of what the defendant said and did. The defendant’s conduct was not exhibited in any matter of performance, and so could not amount to a practical construction, even if the contract had been equivocal, which it was not.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

111 P. 427, 83 Kan. 806, 1911 Kan. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-marriage-kan-1910.