48 Kan. 416 | Kan. | 1892
Opinion by
Deere, Mansur & Co. commenced this action in replevin to recover the possession of certain personal property which was held by J. L. Smith, sheriff of Reno county, under certain orders of attachment sued out by the creditors of Ballinger Bros., dealers in farm implements, wagons, buggies, etc. The case was tried by a j*ury. No special findings were made, but a general verdict returned in favor of Deere, Mansur & Co. Motion for a new trial was made and overruled, and the sheriff brings the case here for review.
The controlling question is, whether certain written con
We think that the admission of such parol evidence, tending as it does to alter and vary the terms of the written contract, was prejudicial error. It is true that there is some evidence tending to show that in the June following there was a settlement between Deere, Mansur & Co. and Ballinger Bros., in which Ballinger Bros, were credited with the goods on hand at the time of the settlement, and that thereafter they were held subject to their order, but we cannot say that this controlled the jury, in view of the admission of the
We recommend that the judgment be reversed, and a new trial granted. '
By the Court: It is so ordered.