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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. "
The Pacific Reporter - Σελίδα 356
1896
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Statutes of California and Digests of Measures

California - 1874 - 524 σελίδες
...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 writing, or by an executed oral agreement, and not otherwise. SEC. 194. Section seventeen hundred and thirtyone of said Code is amended to read...

The Northwestern Reporter, Τόμος 133

1912 - 1262 σελίδες
...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...

West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Τόμος 4

1884 - 1042 σελίδες
...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 in writing, or by an executed oral agreement, and not otherwise." We think the case is clearly within this- section. The lease was a contract, not...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 32

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 σελίδες
...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...

The American State Reports: Containing the Cases of General Value ..., Τόμος 43

1895 - 1036 σελίδες
...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 in writing or by an executed oral agreement, and not otherwise." Under the principle of this section the plaintiff was entitled to recover interest...

The American State Reports: Containing the Cases of General Value ..., Τόμος 43

1895 - 1044 σελίδες
...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 in writing or by an executed oral agreement, and not otherwise." Under the principle of this section the plaintiff was entitled to recover interest...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 117

California. Supreme Court - 1897 - 826 σελίδες
...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...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 21

Montana. Supreme Court - 1898 - 668 σελίδες
...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,...

The Northwestern Reporter, Τόμος 82

1900 - 1230 σελίδες
...relation thereto, 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...

The Law of Contracts

Edward Avery Harriman - 1901 - 456 σελίδες
...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...




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