| California - Session laws - 1874 - 524 pages
...ninety-eight of said Code is amended to read as follows: Section Sixteen Hundred and Ninety-eight. A Written, contract in writing may be altered by a contract in...by an executed oral agreement, and not otherwise. SEC. 194. Section seventeen hundred and thirtyone of said Code is amended to read as follows: Section... | |
| Law reports, digests, etc - 1912 - 1262 pages
...overlooked the provisions of section 1287, С. С., heretofore quoted, which provides: "A contract may be altered by a contract In writing, or by an executed oral agreement, and not otherwise." We are inclined to take the view, however, that, as this instruction was not appropriate as applied... | |
| Law reports, digests, etc - 1902 - 1172 pages
...excluding the evidence upon the objection as made was also correct Section 2281 of the Civil Code provides, "A contract In writing may be altered by a contract...an executed oral agreement, and not otherwise." The principle embodied in this provision applies to all kinds of contracts in writing, whether they are... | |
| Law reports, digests, etc - 1884 - 1042 pages
...it was not an executed oral agreement. We think the court was correct. « Section 1,638, civil code: "A contract in writing may be altered by a contract...by an executed oral agreement, and not otherwise." We think the case is clearly within this- section. The lease was a contract, not only on the part of... | |
| Law reports, digests, etc - 1908 - 1164 pages
...a new parol agreement for a prior written one; Civ. Code, I 1698, providing that a written contract may be "altered" by a contract in writing or by an executed oral agreement, and not otherwise, not being applicable. 2. FRAUDS, STATUTE OF — ORAL AGREEMENT то TRANSFER LAND — ESTOPPEL —... | |
| Law reports, digests, etc - 1912 - 1164 pages
...different color from these called for in the written contract. You are instructed that a written contract may be altered by a contract in writing, or by an executed oral agreement; and If you believe from the evidence that defendant inspected the cattle delivered to him, and discovered... | |
| Law reports, digests, etc - 1917 - 1226 pages
...unexecuted parol agreement, contrary to Civ. Code, § 101)8, providing that a contract in writing may bo altered by a contract in writing, or by an executed oral agreement, and not otherwise. [Ed. Note. — For other cases, see Rills and Notes, Cent. Dig. §§ 1275, 1276, 1279, 1280; Dec. Dig.... | |
| Law reports, digests, etc - 1922 - 1158 pages
...over previous verbal arrangements, as well as the rule that a written contract can be altered only by a contract in writing or by an executed oral agreement, and would open wide the door to nil the evils which these two rules were intended to prevent. We are referred... | |
| Law reports, digests, etc - 1886 - 948 pages
...court instructed the jury that such verbal agreement was binding on the plaintiff. This was error. "A contract in writing may be altered by a contract...by an executed oral agreement, and not otherwise." Section 1698, Civil Code. The agreement to pasture the extra animals without charge was made while... | |
| Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1912 - 938 pages
...different color from these called for in the written contract. You are instructed that a written contract may be altered by a contract in writing, or by an executed oral agreement ; and if you believe from the evidence that defendant inspected the cattle delivered to him, and discovered... | |
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