Disney v. Lang

Citations

• 90 Kan. 309
• 133 P. 572
• 1913 Kan. LEXIS 210

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — False Representations■ — Number of Acres in Railroad Right of Way. Fraudulent representations made by the grantor of land as to the number of acres taken and occupied as the right of way of a railroad through the tract sold, and upon which the grantee relied to his injury, entitle him to a recovery of damages for the loss actually sustained, although he learned from the instrument of conveyance and other sources that the railroad company had a right of way over the land but did not know the extent of the same.</p> <p>2. -jEvidence Sufficient to Go to Jury — Demurrer Erroneously Sustained. On the testimony in the record it. is held that there was a' question of fact for the determination of the jury as to the fraudulent representations of the grantor and the reliance of the grantee thereon to his damage, and therefore a demurrer to the evidence offered by the grantee in support of his defense should have been overruled.</p>