...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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,...

...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...

...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...