Kiser v. Richardson

Citations

• 91 Kan. 812
• 139 P. 373
• 1914 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Oral Promise — To Loan Money — Breach—Action for Damages. Plaintiff sued to recover damages for the breach of an oral promise of the defendant that he would at a certain time in the future loan the plaintiff $10,000, to be secured by a mortgage upon plaintiff’s real estate. The petition alleged that defendant never intended to make the loan, and that the promise was false and fraudulent. The plaintiff parted with nothing and the defendant gained nothing as a result of the promise. Held:</p> <p>(1) False Representations — When Fraudulent in Law— When Doomages are Recoverable. The rule that false representations in order to be fraudulent must relate to a present or past state of facts, and that no action will lie to recover damages as for deceit in the failure to perform a promise looking to the future, is held to apply, and therefore plaintiff’s petition failed to state a cause of action.</p> <p>(2) Contract — Interest in Land — Statute of Frauds. The contract being entire and indivisible, relating to an interest in and concerning lands, and not in writing, it can not, by reason of the statute of frauds, be enforced.</p> <p>(3) Damages — Unenforceable Contract. No action for damages will lie for the breach of an unenforceable contract.</p>