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(DOWNLOAD) "West River Equip. v. Holzworth" by Supreme Court of Montana * eBook PDF Kindle ePub Free

West River Equip. v. Holzworth

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eBook details

  • Title: West River Equip. v. Holzworth
  • Author : Supreme Court of Montana
  • Release Date : January 05, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

CONTRACTS ? CANCELLATION ? STATUTE OF FRAUDS ? EVIDENCE ? HIGHWAYS. 1. Contracts ? Termination by Mutual Consent. Party to an executory written agreement may terminate it at any time by mutual consent independently of any express agreement so provided and it is immaterial whether the termination is characterized as abandonment, cancellation, mutual rescission or waiver, and such may be accomplished by parol. 2. Frauds, Statute of ? Oral Rescission. The statute of frauds does not preclude oral rescission of a prior written contract that is within the statute, but, if the prior contract effected a change in ownership of goods, an agreement to rescind is, in effect, an agreement to change the ownership again, and such agreement requires the same formality as the original transfer. 3. Contracts ? How mutual cancellation must be shown. Mutual cancellation of a contract must clearly be expressed and shown, and acts and conduct of the parties to be sufficient must be clear, convincing and inconsistent with the existence of the contract. 4. Evidence ? Effect of contract in writing. When a contract has been reduced to writing the contents thereof cannot be added to, contradicted, altered, or varied by parol or extrinsic evidence. 5. Highways ? Evidence insufficient to show cancellation. In action to recover rental of road equipment machinery under a lease thereof, evidence was not sufficiently clear and convincing - Page 583 to establish that the lease had been cancelled by oral agreement, and that an oral agreement of purchase was made whereby the respondent would buy the equipment and make certain payments. 6. Frauds, Statute of ? Agreement unenforceable. A claimed oral agreement of purchase of road equipment machinery, whereby the respondent would buy the equipment and make certain payments, was unenforceable under the statute of frauds where there was not a sufficient showing of delivery and acceptance of the machinery to take the alleged oral agreement out of the statute.


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