Dana v. Gulf & Ship Island R.

Citations

• 106 Miss. 497
• 64 So. 214

Syllabus

<p>1. Accoed and Satisfaction. Pleading. Replication. Fraud.</p> <p>Where in an action by an employee for personal injury against a railroad company, the defendant pleaded an accord and satisfaction and plaintiff filed a replication that the accord was fraudulently obtained, it was error for the court to sustain a demurrer to such replication.</p> <p>2. Same.</p> <p>Fraud vitiates all things, and may be predicated of promises designed to entrap the unwary, and never intended to be kept, as well as misstatements of existing facts.</p> <p>3. Same.</p> <p>It is one tiling to attempt to vary, alter or contradict the terms of a written contract once validly executed, and quite a different thing to show that the contract offered never had any legal existence, because its exécution was procured by fraud.</p>