Cook v. Williams

Citations

• 81 Kan. 438
• 105 P. 1116
• 1909 Kan. LEXIS 386

Syllabus

<p>1. Election of Defenses — Pleading — Estoppel. One who pleaded certain alleged fraudulent acts as a defense was bound by his pleading and could not upon the trial avail himself of other facts not pleaded.</p> <p>2. Contracts — Fraud—Submission to the Jury. Where there was no proof that any of the.alleged fraudulent representations by the plaintiff was untrue, there was nothing to submit to the jury on that issue.</p> <p>S. .- Construction. Where the execution of a written contract was admitted it was not proper to submit to the jury the question what the contract was.</p>