McDanel v. Whalen

Citations

• 91 Kan. 488
• 138 P. 590
• 1914 Kan. LEXIS 60

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Exchange op Properties — Fraudulent Representations — Measure of Damages.. In an exchange of properties, where one of the parties fraudulently represented to the other that a tract of land pointed out was the quarter section that was to be and subsequently was conveyed, and the tract so pointed out was superior in quality although less in quantity than that conveyed, the measure of damages for the fraud and deceit is the difference between the value of the quarter section conveyed and what it would have been worth if the representations made had been true; that is, what it would have been worth if the quarter section received had been such quality of land as the smaller tract pointed out and which was fraudulently represented to be the quantity of land that was actually conveyed.</p> <p>2. Same — Evidence Supports Findings and Verdict. The testimony examined and held to be sufficient to support the findings and verdict of the jury.</p>