Iola Oil & Gas Co. v. Strauss

Citations

• 110 Kan. 608
• 203 P. 1111
• 1922 Kan. LEXIS 107

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cancellation op Assignment op Lease — Procured by Fraud — Sufficient Petition — Demurrer to Evidence. In this action, one to cancel, on the ground of fraud, the assignment of a one-tenth interest in an oil and gas lease, the petition stated a cause of action, objection to the introduction of evidence under the petition was properly overruled, and' the evidence proved facts sufficient to constitute a cause of action.</p> <p>2. Same. The findings of fact were supported by evidence.</p> <p>3. Same — Request for Additional Findings Denied. It is not error to overrule a request for additional findings of fact where the request comes in the form of questions practically constituting a cross-examination of the court on findings that have been made.</p> <p>4. Same — Motion for Additional Findings — Motion for New Trial — -Procedure by Court Not Error. It is not error for a trial court to take a motion for new trial and a motion for additional findings of fact, to examine them in connection with the pleadings and the evidence, to come to a tentative conclusion concerning them, and to reduce that conclusion to writing, where he afterward gives all parties an opportunity to be heard and his mind remains open for conviction by reason and argument.</p> <p>5. Same — Findings—No Ratification of Fraud. The general finding of the court, which included a finding that the assignment that had been procured by fraud had not been ratified, was supported by evidence.</p>