Sramek v. Sklenar

Citations

• 73 Kan. 450
• 85 P. 566
• 1906 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Breach of Promise to Mwi'ry — Matter in Aggravation of Damages. In an action to recover damages for breach of a contract to marry it is not error to deny a motion to strike out of the petition evidential facts which form no part of the cause of action, but which are pleaded in aggravation of the damages.</p> <p>2. - Motion to Strike Out — Discretion of the Court. Even if such facts are redundant and surplusage, and could be proved without being pleaded, it is within the discretion of the court to strike out or retain them.</p> <p>3. Evidence — Seduction—Aggravation of Damages — Breach of Promise. Evidence tending to show that, after a contract to marry had been made, the man seduced the woman by taking advantage of her plighted love and confidence may be considered by the jury in aggravation of the damages for a breach of the contract, and should not be stricken out.</p>