 | 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 writing, or by an executed oral agreement, and not otherwise. SEC. 194. Section seventeen hundred and thirtyone of said Code is amended to read... | |
 | 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... | |
 | 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 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... | |
 | 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... | |
 | 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 in writing or by an executed oral agreement, and not otherwise." Under the principle of this section the plaintiff was entitled to recover interest... | |
 | 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 in writing or by an executed oral agreement, and not otherwise." Under the principle of this section the plaintiff was entitled to recover interest... | |
 | 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... | |
 | 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
...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... | |
 | 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... | |
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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. 
