Bice v. Nelson

Citations

• 105 Kan. 23
• 180 P. 206
• 1919 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Sale—False Representations by Agent of Seller — Pleading ■ — Agency. In an action by the seller for the price of a chattel, an allegation of the answer that the sale was induced by false representations of the seller may be sustained by proof that the representations were made by an agent of the seller, without pleading the agency.</p> <p>2. Same — Collusion Pleaded. The allegations of the answer in such a case considered, and held sufficient to charge collusion of the seller with another in making the fraudulent sale.</p> <p>2. Sale — Collusion between Seller and Another. Where a sale' of a chattel is made for the mutual benefit of the seller and another, and the sale is procured by false representations of one of them, active cooperation of the other, by means of statements tending to induce the buyer to accept and rely on the representations, constitutes collusion.</p> <p>4. Sale — False Statements of Seller Actionable. In this state, false statements of fact, made by a seller to induce a sale and relied on by the buyer, are actionable, without regard to whether or not the seller knew the statements to be false, or acted recklessly in making them, or intended to deceive.</p> <p>5. Trial — Evidence. The evidence examined, and held to be sufficient to sustain the allegations of the answer.</p> <p>6. Same — No Error in Record. Various assignments of error considered, and held to be without substantial merit.</p>