Grentner v. Fehrenschield

Citations

• 64 Kan. 764
• 68 P. 619
• 1902 Kan. LEXIS 276

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>ll Practice, District Court— Confusion of Theories in Pleading. The plaintiff - must frame his petition upon a distinct and definite theory, and upon that theory the facts alleged must state a good cause of action. If the petition is not drawn upon a single and definite theory, or there is such a confusion of theories alleged that the court cannot determine from the general scope of the petition upon which of several theories a recovery is sought, it is insufficient.</p> <p>2. -Petition Insufficient. The averments of the petition' herein examined, and it. is held, that there is a confusion of theories, and, also, that there are insufficient facts alleged to sustain any theory.</p> <p>3. -Fraud — Necessary Allegations. Where plaintiff seeks to recover because of the fraud of the defendants based upon misrepresentations, it is incumbent upon him to allege and prove what misrepresentations were made; that they were false ; that he believed them to be true, and that he relied and acted upon them.</p>