Provident Loan Trust Co. v. McIntosh

Citations

• 68 Kan. 452
• 75 P. 498
• 1904 Kan. LEXIS 127

Syllabus

<p>SYLLABUS .BY THE COUBT.</p> <p>T. Fbaud — Conditions Precedent to Relief. Relief on the ground of fraud will not be granted to one who does not seek it promptly after discovery of the fraud, and who, with knowledge of the fraud, retains the fruits of the transaction it induced.</p> <p>2. - False Representations. Relief will not be granted on account of false representations not shown to have been relied on as an inducement to conduct resulting in injury.</p> <p>3. Conveyance — Contract of Sale Without-Disclosing Title. A man having an interest in land, and having such control of its title that he may require a conveyance of it, may rightfully make . a contract in his own name to convey it by a warranty deed, without disclosing the actual state of the title to the purchaser.</p> <p>4. -Recovery of ConsiderationWithout Rescission. Money paid upon a contract induced by fraud cannot be recovered unless the contract may be rescinded; and a rescission will not be decreed to one who was himself in default at the time of the dereliction of which he complains.</p> <p>.5. New Trial — Not Granted Because Theories Presented Were Inconsistent. A party accepting all the issues tendered by the petition, and defending the case at the trial against all the theories presented, will not be granted a new trial because such theories are inconsistent with one another.</p>