Atchison, Topeka & Santa Fe Railway Co. v. Atchison Grain Co.

Citations

• 68 Kan. 585
• 75 P. 1051
• 1904 Kan. LEXIS 148

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Limitation os Actions — Implied Exceptions. The enumeration by the legislature of specific exceptions to a statute of limitations by implication excludes all others.</p> <p>2. -Actions Founded on Contract — Statute Not Applicable. The provision in subdivision 3 of section 18 of the civil code (Gen. Stat. 1901, § 4446), that a cause of action for relief on the ground of fraud shall not be deemed to have accrued until the discovery of the fraud, has no application to an action founded on contract.</p> <p>3. - Verbal Agreement — Action Barred in Three Years. An action to recover for the violation of a verbal agreement, in which there was a stipulation against discriminations, accrues within three years after the agreement has been violated, and an averment that the “defendant succeeded in concealing the fact of such discrimination from plaintiff until less than eighteen months prior to the filing of this petition” shows no ground for postponing the operation of the statute of limitations.</p>