McKenna v. Morgan

Citations

• 102 Kan. 478
• 170 P. 998
• 1918 Kan. LEXIS 70

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Exchange op Property — Cross-demands—Statute of limitations. In an action to recover for shortage in quantity of land conveyed to plaintiff by defendant, the defendant counterclaimed for shortage in quantity of a stock of merchandise traded to him for his land. Held, section 6994 of the General Statutes of 1915 prevents application of the statute of limitations to the cross-demand.</p> <p>2. Fraudulent Representations — Payments Made on Contract — No Waiver of Fraud. The counterclaim was based on a fraudulent representation respecting the quantity of goods. Held, the right to recover damages resulting from the fraud was not defeated by making payments and otherwise recognizing the obligation of the contract.</p> <p>3. Same — Representation as to Quantity of Goods — Not Mere Expression of Opinion. The representation was that the stock of merchandise contained sufficient goods, invoiced at cost, to amount, with certain articles of agreed value, to a certain sum. Held, the representation was not a mere expression of opinion as to value.</p> <p>4. Same — Evidence—Issue for Jury. The evidence in support of the counterclaim examined, and held sufficient to warrant its submission to the jury.</p>