[Download] "Elliott v. Whitney" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Elliott v. Whitney
- Author : Supreme Court of Kansas
- Release Date : January 17, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This is an action for breach of an oral contract of sale of a crop dusting airplane and related oral contracts for leaseback of the plane and conducting crop dusting services. By way of summary judgment the trial court ruled that a subsequent written agreement, rather than the parties' oral agreements, governed their rights upon defendant's breach of the written agreement. Plaintiff appeals from the judgment rendered upon the determination. Essentially the issue is whether the written agreement constituted an executory accord rather than a novation or substituted contract. In rendering its decision the trial court had before it plaintiff-appellant's petition, defendant-appellee's answer, certain admissions and stipulations of fact. Appellant's petition contained these allegations: 2. That on or about the 12th day of April, 1972, in Liberal, Seward County, Kansas, Plaintiff and Defendant entered into an oral agreement wherein Defendant on his part agreed to sell to Plaintiff a Boeing Model A 75 NI crop dusting aircraft for $15,000.00 to be paid over a three year period. Further, Defendant agreed to lease from Plaintiff said airplane and the Plaintiff's services as a pilot for the 1972 crop dusting season; to give Plaintiff first priority on all spraying jobs acquired by Defendant, d/b/a Whitney Aviation in the 1972 crop dusting season; to furnish to Plaintiff all chemicals necessary at Defendant's cost; to furnish ground crew and to pay Plaintiff One Dollar ($1.00) per acre for each acre sprayed. Further, Defendant agreed to allow Plaintiff to hangar his airplane in the Whitney Aviation hangar at no cost. 3. In consideration of Defendant's promise, Plaintiff on his part agreed to spray all acreage on a first priority basis for Defendant, d/b/a Whitney Aviation for One Dollar ($1.00) per acre; to pay Twenty Cents (20¢) per acre to Defendant for payment on said airplane; to supply all gasoline and oil for said airplane on all spraying jobs and to furnish all insurance on said airplane. 4. Plaintiff on his part has duly performed all the terms and conditions of said agreement by him to be performed.