Manning v. Woods

The opinion of the court was delivered by This is an action to recover damages, alleged to have resulted
from the breach of an oral contract of employment for personal
services. The trial court sustained a demurrer to the plaintiff's
evidence and he has appealed from that order. In a prior appearance of the case, reported in Manning v.
Woods, Inc., 182 Kan. 640, 324 P.2d 136, this court reversed the
district court's action in sustaining defendant's motion for
judgment on the pleadings and remanded the cause with directions
to proceed with the trial, on the basis issuable facts were
joined which, when given the benefit of all inferences to which
they were entitled in ruling on such a motion, precluded a
conclusion that plaintiff's acceptance of defendant's check, as
pleaded in its answer, constituted an accord and satisfaction of
his claim as a matter of law.