Hargadine-Mckittrick Dry-Goods Co. v. Swofford Brothers Dry-goods Co.

Citations

• 65 Kan. 572
• 70 P. 582
• 1902 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assumption or Debt — Fraudulent Inducement. A creditor, who claims the benefit of a contract made by another with the debtor to pay the latter’s debt will be bound by the equities between the contracting parties growing out of the agreement, and he cannot enforce the promise if the promisor was fraudulently induced to make it.</p> <p>2. -Rescission and Restoration. One who refuses to be bound by an agreement which he was fraudulently induced to make will not be required to restore anything which he did not receive as a consideration for his engagement.</p>