Becker v. McKinnie

Citations

• 106 Kan. 426
• 186 P. 496
• 1920 Kan. LEXIS 533

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Water Rights — False Representations — Damages. Where a seller makes positive representations to another in relation to a sale of property, and makes them as statements of facts, intending' thereby to induce a purchase, and. the purchaser buys the property in reliance upon the representations, which are in fact untrue, the seller is liable for the damages sustained by the purchaser through the untruthful representations, although the seller may not have known that • the representations were false when he made them, and although he may have had no intention to deceive the purchaser.</p> <p>2. Same — False Representations — Measure of Damages. The rule stated in Epp v. Hinton, 91 Kan. 513, 138 Pac. 576, as to the measure of damages where a sale of water rights is induced by false representations of the seller, is followed and applied.</p> <p>3. Same — Evidence of Other Similar Acts Competent. Evidence of other similar acts of misrepresentations and fraud by a party to the action may be admitted where they were made and perpetrated about the same time as the one in controversy.</p>