Geiger v. Cardwell

Citations

• 99 Kan. 559

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Partial Performance — Fraud Discovered — Contract Completed — Damages on Account of Fraud Not Waived. Where one who has contracted to buy certain property for about $15,000, the transaction involving his assumption of an obligation which he discovers, iifter having paid $1000 on the purchase price, to be about $500 larger than the seller had represented, he does not waive his right to recover damages on account of the fraud by accepting the property and completing the payment.</p> <p>2. Same — Executory Contract — Fraud Discovered — Agreement to Arbitrate — Agreement Repudiated — Fraud Not Waived. Where one who has agreed to buy certain property discovers, while the contract is still wholly executory, that fraudulent representations had been made to induce the trade, his election to complete the purchase does not preclude him from claiming damages on account of the fraud, if it was induced by an agreement to arbitrate the matter in dispute, which the vendor later refused to carry out.</p>