Morrow v. Bonebrake

Citations

• 84 Kan. 724
• 115 P. 585
• 1911 Kan. LEXIS 406

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Verdict — General—Import. A general • verdict for plaintiif imports a finding in his favor upon all the issues in the case which are not inconsistent with the special findings returned by the jury.</p> <p>2. - General — Judgment Based Thereon — Adverse Special Findings Not Material. Where the special findings do not embrace and cover all the issues in the case and those returned are not necessarily inconsistent with the general verdict, the fact that the incomplete findings are adverse to the successful party will not prevent a judgment in his favor if the issues and facts included in the general verdict, and upon which no special findings are made, are sufficient to warrant a recovery.</p> <p>3. - Special Findings Inconsistent with General Verdict— Presumption. Where a question of inconsistency .arises between findings made in answer to special questions and a general verdict nothing will be presumed in aid of special findings while every reasonable presumption will be indulged in favor of the general verdict.</p> <p>4. Fraudulent. Representations — Inspection by Vendee Does Not Preclude Rescission and Recovery. The seller of a diamond represented to a buyer, who did not know the grades and qualities of diamonds, that the one sold was of a certain grade and quality, and when it was found not to be up to the representations and assurance of the seller, and the buyer undertook to rescind the contract and recover the purchase price, the seller claimed that the fact that the buyer carefully examined the diamond before purchasing it precluded a recovery. Held, that the fact that an examination was made by the buyer does not prove that she did not buy and rely on the representations and assurance of the seller, nor will the fact that she could have learned the falsity of the representations by a more thorough and searching inquiry prevent a rescission and a recovery if in fact the purchase was made in reliance upon the false representa