Else v. Freeman
Citations
- 72 Kan. 666
- 83 P. 409
- 1905 Kan. LEXIS 393
Syllabus
<p>1. Practice, Supreme Court — Failure to Malee Special Findings — Waiver. Where the court, in making special findings, failed to cover all the issues involved, and its attention was not called to the omission, and further findings were not requested, it was held that plaintiff had waived the right to complain.</p> <p>2. Fraud — False Representations — -Value—Matter of Opinion. A false statement as to the value of land, made to induce an exchange for other land, was held to be an expression of opinion rather than a representation, and not actionable.</p> <p>3. - “Fences are Good.” A representation that “fences are good,” made to induce an exchange of land, there being no evidence that this particular representation, standing alone, had any influence upon plaintiff’s mind, was treated as an expression of opinion.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the trial court was within its discretion when it denied the defendant’s motion to compel the plaintiff to participate in a medical examination
- holding that the trial court did not abuse its discretion when, relying on the plaintiffs physician’s affidavit that it would be detrimental to plaintiffs wellbeing, it denied the defendant’s motion to compel the plaintiff to submit to a medical examination
Source: CourtListener parenthetical corpus (CC0).
Judges: Mason
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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