Meyers v. Acme Iron Co.

Citations

• 103 Kan. 362
• 175 P. 162
• 1918 Kan. LEXIS 265

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. SALHh — Corporate Stock — False Representations- — Evidence—Findings. In an action for damages for fraud in the sale of property, the evidence is held sufficient to sustain findings that actionable false representations were made by the defendant.</p> <p>2. Same. In such an action there is a prima facie presumption that if the property had been as represented it would have been worth the amount paid for it.</p> <p>S¡ Same — Fraud — Presumptions —- Instructions. The giving of an instruction that fraud is never presumed, but must be proved like any other fact in the case, namely, by a preponderance of the evidence, and the refusal of an instruction that fraud cannot be found from mere conjecture and inference, but must be clearly proven, are held upon the entire record not to require a reversal.</p> <p>4. Trial — No Material Error Disclosed. Various rulings held not to constitute material error.</p>