Griesa v. Thomas

Citations

• 99 Kan. 335
• 161 P. 670

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Motion for Judgment on Findings Denied — No Error. Special findings of fact concerning a contract for the purchase of speciosa catalpa seedlings examined, and held that plaintiffs’ motion for judgment thereon was properly denied.</p> <p>2. Sale — Fraudulent Representations by Seller Proven — Instructions. It is needless to examine a trial court’s instructions to the jury touching the measure of damages for breach of contract when a defense of misrepresentation and fraud in procuring the contract is successfully maintained and no damages are recoverable.</p> <p>3. Sale — Catalpa „Seedlings — Purchaser No Opportunity to Read Contract — False Statements by Vendor — Evidence—Instructions. ' Where one of the defenses to a written contract for the purchase of catalpa seedlings was that the defendant did not have a fair opportunity to read the contract, it was not error to permit oral testimony that the vendor had assured the vendee that the latter would have the privilege of countermanding the order, where the jury were carefully instructed that the terms of the written contract were binding on the defendant unless the jury found that he did not have a fair opportunity to read it before he signed it.</p> <p>4. Sale — Parol Evidence — Admissible to Show Fraud in Procuring Written Contract. The ordinary rule that a written contract speaks for itself and that parol evidence to show the oral statements, representations and negotiations of the parties which led up to the contract is inadmissible has no application to written contracts procured by the</p> <p>• fraudulent representations of one of the parties and which were relied upon by the other.</p> <p>5. Sale — When False Representations as to Market Value Amount t,o Fraud. The rule that representations as to the market value of an article or commodity are mere expressions of opinion and not statements of fact is limited in its application to familiar articles and commodities of co