Pennington v. Tolle

Citations

• 99 Kan. 436
• 162 P. 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale — Land — Reservation of Oil and Gas — False Representations by Grantor — Grantee Not Defrauded — No Recovery. A party conveyed a tract of land to a grantee for an agreed price, reserving to himself the oil and gas in it with the right to go upon it to drill wells and take out such oil and gas as might he found there. In his petition plaintiff alleged that the grantor represented to him that there was an outstanding lease upon the land and the grantor would therefore reserve the oil and gas in the land, whereas no lease in fact existed at that time; and believing and relying on the representation so made plaintiff agreed to the reservations that were made and purchased the remaining interest in the land at the stipulated price. Held, that as plaintiff received what he purchased at the price agreed upon, the representation as to the interest not conveyed did not operate as a fraud upon him or give him a right of action against the grantor.</p>