National Cereal Co. v. Alexander

Citations

• 75 Kan. 537
• 89 P. 923
• 1907 Kan. LEXIS 98

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Fraud—Pleading and Proof — Variance. Under the facts of this case it is held that a discrepancy between a pleading and the proof offered to sustain it did not amount to a material variance, and that the adverse party was not misled to his prejudice.</p> <p>2. Evidence — Corroborative Testimony to Fortify an Impeached Witness. After the introduction against the plaintiff in an action of impeaching evidence tending to show that he had been silent concerning his claims when most likely he would have asserted them had grounds existed, and leading to the inference that they were of recent fabrication, he may be corroborated by proof of previous consistent claims and statements made and consistent' conduct exhibited at a time when their ultimate effect could not in the nature of things have been foreseen.</p>