Hart v. Haynes

Citations

• 96 Kan. 262
• 150 P. 530
• 1915 Kan. LEXIS 362

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Procured by Fraud — Sufficient Bill of Particulars. A plain statement of facts in the simple language of a layman, showing that a written contract was procured by fraud, is a sufficient pleading in an action before a justice of the peace.</p> <p>2. Parol Evidence — Admissible to Prove Fraud in Procuring Contract. The rule that parol testimony can not be admitted to vary the terms of a written contract has no application to an issue of fraud in the making or procuring of the contract.</p> <p>3. Trial — Controverted Facts• — Judgment Not Disturbed. Rule followed that the determination of the trial court on controverted facts, when based upon sufficient and competent evidence, will not be disturbed on appeal.</p>