Circle v. Potter

Citations

• 83 Kan. 363
• 111 P. 479
• 1910 Kan. LEXIS 537

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraudulent Representations — Sale of Land. It is a good defense to an action to enforce a contract for the sale of land that the seller falsely represented the facts as- to the value of the land and its use and the annual rents which he had received for the land, that he knew the representations to be false and made them with the intention to deceive, and that the buyer relied on them to his injury.</p> <p>2. - Notice of Fraud — Bare Inspection of the Land. While the buyer can not rely on such_ defense if he knew the facts and acted upon his own judgment, yet he is not deprived of the remedy for deceit merely because he made a bare inspection of the land at the time of purchase and might by a more- . thorough inspection and a searching inquiry have learned the falsity of the representations made by the seller, providing he did in fact rely on the representations made.</p> <p>3. - Waiver or Condonation of Fraud. Before a contracting party deceived and defrauded by another should be deemed to have condoned or waived the fraud by some subsequent action it must appear that he acted with full knowledge of the deception, and with the intention to abide by the contract notwithstanding the fraud practiced upon him.</p> <p>4. Verdict — Power of Court to Set Aside and Require a Second Verdict. Where a -jury brings in a verdict finding the amount of recovery against a party, and also finds upon and decides questions which devolve upon the court alone — that certain instruments should be canceled, it is competent for the court to direct the jury to retire again and to bring in a verdict in accordance with certain instructions and in proper form.</p> <p>5. - Excessive Award — Excess Remitted by Prevailing-Party. Where the award of the jury is excessive, but does not indicate passion or prejudice, and the excess is remitted by the prevailing party, and fair and impartial special findings, returned by the jury support the balance of the award, w