Orozem v. McNeill

Citations

• 103 Kan. 429
• 175 P. 633
• 3 A.L.R. 1598
• 1918 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Action — “Relief on the Ground of Fraud” — Statute of Limitations. Assuming- that one who has been defrauded of money has the privilege of maintaining an action against the wrongdoer upon an implied contract to restore it, arising out of the fact of the fraud, recovery being dependent upon proof thereof, such a proceeding, unless begun within two years of the discovery of the fraud, is barred by the statute requiring “actions for relief on the ground of fraud” to be brought within that period, notwithstanding that the limitation fixed for an action upon a contract not in writing, express or implied, is three years.</p>