Haymaker v. Alford

Citations

• 109 Kan. 710
• 201 P. 1112
• 1921 Kan. LEXIS 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cancellation op Written Contract — Sale of Land —Mistake of Facts — Constructive Fraud. The evidence is held sufficient to justify a finding that a contract for the sale of land was signed by the vendor under a wrong understanding as to its contents brought about in such a way that she was entitled to have it set aside, whether the basis of such relief is described as actual fraud, constructive fraud or excusable mistake.</p> <p>2. Same — Special Findings Support the Judgment. The special findings are held to support a judgment setting aside the contract referred to in the foregoing paragraph.</p> <p>3. Same — Minds of Parties Never Met — Finding Warranted. A finding that the minds of the parties never met and therefore that no contract resulted is held, not to be outside the pleadings or evidence.</p> <p>4. Same — Special Findings by Court — No Additional Findings Required. In an action to set aside a written contract for fraud or conduct having the effect of fraud, where special findings were requested and those made were sufficient to require judgment for the plaintiff on the ground that she signed the contract under a mistake as to its contents induced by the conduct of the defendant, it is held not to have been prejudicial error for the court to refuse to make a further finding upon the issue of actual fraud, or upon an unimportant detail regarding the drafting of the contract.</p> <p>5. Same — Evidence of Value of Land Sold Competent. Where the vital controversy is over the price agreed to be paid for a tract of lánd, the testimony of the parties to the agreement being in conflict, it is competent to show the value of the property for its bearing upon the probability of the respective versions.</p>