BROWN V. OLIVER 123 Kan. 711, 256 P.2d 1008 (1927) CASE BRIEF

BROWN V. OLIVER

123 Kan. 711, 256 P.2d 1008 (1927)

NATURE OF THE CASE: This was a dispute over the ownership of furniture in the sale of a hotel.

FACTS: Brown (P) purchased from Oliver (D) land on which stood a hotel operated by a tenant. There was ample oral evidence that the sale included the hotel furniture owned by D. The instrument of sale made no mention of the hotel furniture. At trial D contended that the writing alone governed the transaction and parol evidence precluded consideration of evidence of the furniture. The trial court allowed the parol evidence and D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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