Disney v. St. Louis Jewelry Co.

Citations

• 76 Kan. 145
• 90 P. 782
• 1907 Kan. LEXIS 229

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleading — Action on a Contract of Sale — Joinder of Defenses. In an action for the price of goods a defense that defendant was fraudulently induced to sign what purported to be a contract of sale, prepared by the plaintiff, on the false representations of plaintiff that it contained the stipulations previously agreed upon, to the effect that the goods were placed in defendant’s hands for sale on commission and were not purchased by him, is not inconsistent with the defense that the goods delivered to defendant were not of the quality stipulated in the writing, and defendant cannot be compelled to elect between them.</p> <p>2. Contracts — Fraud—Failure to Read — Parol Evidence. The case of Jewelry Co. v. Bennett, 75 Kan. 743, 90 Pac. 246, followed in holding that a defendant is not bound by a contract which he was induced to execute by the misrepresentations and fraud of the plaintiff, although he failed to read the contract before attaching his signature to it.</p>