McClay v. Gluck
| Decision Date | 08 July 1889 |
| Citation | 41 Minn. 193,42 N.W. 875 |
| Parties | MCCLAY v GLUCK. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
(Syllabus by the Court.)
1. Evidence held sufficient to sustain the verdict.
2. Parties to a written executory contract under seal may modify it by parol, if they have acted under and executed it as modified.
Appeal from district court, Hennepin county; LOCHREN, Judge.
Robinson & Baker, for appellant.
Hart & Brewer, for respondent.
Action to recover a balance claimed to be due upon a contract for the erection of a building, and for extra work on the building. Plaintiff had a verdict. The evidence was sufficient to justify it. It can hardly be said that any question of law is presented. Parties may by parol modify a written executory contract under seal, either by changing its terms or waiving its conditions, if they have acted under and executed it as so modified. That the parties to this contract agreed on the waivers and modifications claimed by plaintiff, and acted under and executed it accordingly, were questions for the jury, and the evidence justifies their finding. Judgment affirmed.
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Bowman v. Wright
...even though the contract is under seal. Beach v. Covillard, 4 Cal. 315;Siebert v. Leonard, 17 Minn. 433 (Gil. 410); McClay v. Gluck, 41 Minn. 193, 42 N. W. 875;McCreery v. Day, 119 N. Y. 1, 23 N. E. 198, 6 L. R. A. 503, 16 Am. St. Rep. 793;McKenzie v. Harrison, 120 N. Y. 260, 24 N. E. 458, ......
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Blake v. J. Neils Lumber Company
... ... the modification be upon sufficient consideration, the rights ... and liabilities of the parties are controlled by the new ... agreement. McClay v. Gluck, 41 Minn. 193, 42 N.W ... 875; Burns v. Fidelity Real Estate Co., 52 Minn. 31, ... 53 N.W. 1017; Spinney v. Hill, 81 Minn. 316, 84 N.W ... ...
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Bowman v. Wright
... ... Beach v. Covillard, 4 Cal. 315; Siebert v ... Leonard, 17 Minn. 433 [Gil. 410]; McClay v ... Gluck, 41 Minn. 193, 42 N.W. 875; McCreery v ... Day, [*] 119 N.Y. 1, 23 N.E. 198; McKenzie ... v. Harrison, 120 N.Y. 260, 24 N.E. 458 ... ...
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Youngberg v. Lamberton
... ... as their final determinative convention concerning all ... matters between the parties. Siebert v. Leonard, 17 ... Minn. 410 (433); McClay v. Gluck, 41 Minn. 193, 42 ... N.W. 875; King v. Duluth M. & N. Ry. Co., 61 Minn ... 482, 63 N.W. 1105 ... It is ... claimed ... ...