KANSAS OFFICE of
  REVISOR of STATUTES

  

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84-3-117. Other agreements affecting instrument. Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented or nullified by an agreement under this section, the agreement is a defense to the obligation.

History: L. 1991, ch. 296, § 17; February 1, 1992.

KANSAS COMMENT, 1996

This section is identical to the 1995 Official Text. Its provisions are derived from a rewording of the prior 84-3-119. Agreements off the instrument are always dangerous because one party may breach the agreement, but the party on the instrument can still be held liable on the instrument by a holder in due course, who will take free of the defense of breach of contract.

Revisor's Note:

Former section 84-3-117 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.


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