Anderson v. Heasley

Citations

• 95 Kan. 572
• 148 P. 738
• 1915 Kan. LEXIS 258

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. False Representations — Relating to Leases of Colorado Lands — Basis of Action for Damages for Fraud. False representations with respect to the provisions and effect of a lease of state lands, represented to have been issued under the law of the state of Colorado, may be the basis of an action for damages on the ground of fraud.</p> <p>2. Same — Demurrer to Evidence — Properly Overruled. In an action for damages for false representations, a demurrer to the evidence should be overruled when there is sufficient evidence to sustain the plaintiff’s case.</p> <p>3. Same — Instruction—Duty of Plaintiff on Discovery of the Fraud. When false representations are made to induce another to purchase a lease of real property, and at the time of the discovery of the fraud the lease has expired and nothing was held under it, it is not error for the court to refuse to instruct the jury that the plaintiff was bound to disaffirm the purchase and claim no right under the lease.</p> <p>4. SAME — iVo Error in Instructions. The instructions given have been examined, and no substantial error is found in any. of them.</p> <p>5. Same — Special Question — No Error in Refusing to Submit. It was not error to refuse to submit to the jury this question: “If you find that any misrepresentations were made concerning the land or lease, state what such misrepresentations were, and when and where made,” and in place thereof to submit the following question: “If you find that any misrepresentations were made to plaintiff by defendant, state in regard to what matters such misrepresentations were made.”</p>