Campbell v. Mowrer

Citations

• 97 Kan. 496
• 155 P. 956
• 1916 Kan. LEXIS 332

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Exchange of Property — Fraudulent Representations — -Repudiation of Contract — Instructions■—New Trial. In an action of replevin for property which the defendant claims he obtained in a contract of exchange made with the plaintiffs, and in which the plaintiffs allege that they are the owners and entitled to the possession of the property which is wrongfully detained by the defendant, and where the defendant answers with a general denial, the plaintiffs may offer testimony to show that the negotiations between the parties did not result is a completed contract and change of ownership, and also that if a contract was in fact made it was invalid because of the misrepresentations and fraud of the defendant, the contract having been immediately repudiated by the plaintiffs.</p>