Knox v. Pearson

Citations

• 64 Kan. 711
• 68 P. 613
• 1902 Kan. LEXIS 265

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Partnership —Accounting — Fraud — Insufficient Averments. An account between partners was stated and the balance due from one to the other agreed on. In an action to impeach the account and open the settlement for mistake and fraud, general averments of mistake, error and deception are insufficient. The nature of the fraud must be set forth, together with the manner of its commission, and the circumstances under which it was practiced. The mistake must also be alleged with certainty, and the particulars pleaded.</p>