 | Law reports, digests, etc - 1895 - 1036 pages
...in Bank her counsel calls our attention to section 1698 of the Civil Code, which reads as follows: "A contract in writing may be altered by a contract...by an executed oral agreement, and not otherwise." Under the principle of this section the plaintiff was entitled to recover interest at one per cent... | |
 | Law reports, digests, etc - 1895 - 1044 pages
...in Bank her counsel calls our attention to section 1698 of the Civil Code, which reads as follows: "A contract in writing may be altered by a contract...by an executed oral agreement, and not otherwise." Under the principle of this section the plaintiff was entitled to recover interest at one per cent... | |
 | Law reports, digests, etc - 1896 - 1140 pages
...plaintiff passed no title, and was without effect. Besides, section 1СУ8 of the Civil Code provides that "a contract in writing may be altered by a contract in writing, or by an executed oral agreement." Here it appears that the oral agreement between Howard and Brainard was executed, and the evidence... | |
 | California. Supreme Court - Law reports, digests, etc - 1897 - 826 pages
...pleaded, I think, falls within the meaning of section 1698 of the Civil Code, reading: "A contract iu writing may be altered by a contract in writing or...by an executed oral agreement, and not otherwise." Defendant claims that this refers only to the evidence that may be adduced. But if it is thus restricted... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1898 - 668 pages
...pointed out. It falls, moreover, within the inhibition of section 2281 of the Civil Code, providing that "a contract in writing may be altered by a contract in writing or by an executed oral agreement, but not otherwise.'' Defendant suggests that the complaint is in other particulars defective; but,... | |
 | Law reports, digests, etc - 1900 - 1230 pages
...erroneous, as an abstract proposition of law, was harmloss. 3. Сотр. Laws, g 3593, provides that a contract in writing may be altered by a contract in writing, or Dy an executed oral agreement, and not otherwise. Section 3576 declares that an executed contract is... | |
 | Edward Avery Harriman - Contracts - 1901 - 456 pages
...is in writing, no action can be brought upon an oral variation of such contract.9 In some States " a contract in writing may be altered by a contract in writing, or by an executed oral agreement, but not otherwise." 10 The code of civil procedure adopted in many of the States is responsible for... | |
 | Law reports, digests, etc - 1902 - 1310 pages
...property the lease would be extended, was inadmissible. 3. Under Civ. Code, § 2281. providing that я contract in writing may be altered by a contract In writing or by an executed oral agreement, aiid not otherwise, a subsequent oral •li-Tirnieiit between the parties to a written sublease of... | |
 | Anthony Jennings Bledsoe - Commercial law - 1903 - 508 pages
...require a new consideration. Civil Code, Section 1697. Section 14.— ALTERATION OF WRITTEN CONTRACT. — A contract in writing may be altered by a contract...an executed oral agreement, and not otherwise. The executed oral agreement, which will be sufficient to alter a previous written contract, must consist... | |
 | John Neilson Taylor - Landlord and tenant - 1904 - 676 pages
...Walker, 81 Ind. 409; Creighton v. Sanders, 89 111. 543. In Montana, under the Civil Code, sect. 2281 , a contract in writing may be altered by a contract in writing or by an executed oral agreement. Armington v. Steile, 27 Mont. 573. A provision in a lease for five years, for an extension for a like... | |
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A contract in writing may be altered by a contract in writing, or by an executed oral agreement, and not otherwise. 
