Bailey v. Oatis

Citations

• 85 Kan. 339
• 116 P. 830
• 1911 Kan. LEXIS 71

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraud — Without Injury Not Actionable. Fraud without injury is not actionable; in order to sustain an action for false representations the party complaining must prove that he has sustained damages thereby.</p> <p>2. Fraudulent Representations — No Damages Proven. Where it was falsely represented to a mortgagor that the mortgage had been foreclosed and a deed made to the assignee of the mortgage, and the mortgagor was thereby induced to lease the land and pay rents and afterward to give a new mortgage for the principal of the original debt upon the agreement of such assignee to release the old mortgage and make and deliver a deed of the land to the mortgagor, and such release was made, but a deed was not made, and the title was all the time in the mortgagor subj'ect only to the mortgage, and all rents paid by him had been credited on- the original mortgage, leaving the principal and some interest still due, it is held that the failure to make and deliver a deed was immaterial, since it would convey nothing, and that the new mortgage should be treated as a renewal of the old one and enforced accordingly.</p>