Scott City Northern Railroad v. Wilkinson
Citations
- 91 Kan. 333
- 137 P. 1193
- 1914 Kan. LEXIS 29
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — In Aid of Railroad Construction — Con- ' sideration. It is no defense to a note given to aid in the construction of a railroad that the road was built by another company than that specified in the contract, where nothing in the agreement itself or in the surrounding circumstances indicates that it made any difference to the signer by what company the road was built.</p> <p>2. Same — Railroad Completed Substantially on Day Specified. A contract by a railroad company, in consideration of an aid note, to build a road to a point on another railroad on or before a stated day, may be regarded as substantially performed, so as to authorize a recovery on the note, although for a distance of three-quarters of a mile — up to the right of way of the other road — the ties and rails were laid between midnight of that day and eleven o’clock the next morning.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “the absence of any one of [these elements] is fatal to a recovery.”
- “[T]o constitute actionable fraud it must appear . . . [t]hat defendant made a material misrepresentation . . . .” (emphasis added) (quoting 20 Cyclopedia of Law and Procedure 13 (William Mack ed., 1906)
- defining the elements of actionable fraud
- defining the elements of actionable fraud
- stating the elements of fraudulent misrepresentation
Source: CourtListener parenthetical corpus (CC0).
Judges: Mason
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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