Ottawa Condensing Co. v. Dawkins

Citations

• 86 Kan. 312
• 120 P. 356
• 1912 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action for “Relief on the Ground of Fraud” — What Constitutes. An action to recover a part of the consideration of a contract which it is alleged was paid by reason of the fraudulent representations of the defendants as to the amount due .thereon is an action for relief on the ground of fraud and not an action upon contract.</p> <p>2. Fraud — Discovery—Allegations—Limitation of Actions. K. P. ■Rly. Co. v. McCormick, 20 Kan. 107, and Ryan, et al., v. L. A. & N. W. Rly. Co., et al., 21 Kan. 365, 404, followed, and held, that in an action for relief upon the ground of fraud where a discovery of the fraud must be alleged to avoid the bar of the statute of limitations as provided by subdivision 3 of section 17 of the civil code, the circumstances under which the fraud was discovered need not be stated; nor is the plaintiff required to negative the fact that the fraud might have been ' discovered earlier.</p>