St. Louis Jewelry Co. v. Bennett

Citations

• 75 Kan. 743
• 90 P. 246
• 1907 Kan. LEXIS 352

Syllabus

<p>SYLLABUS BY THE COÜRT.</p> <p>1. Pleading — Unverified Answer■ — Admission—Proof of Fraud. The code provision that allegations of the execution of written instruments shall be taken as true unless there is a verified denial of the same by the opposing party (Gen. Stat. 1901, § 4542) does not preclude the defendant from pleading in an unverified answer and proving that he signed a contract but that his signature-was procured by the fraudulent representations and deceit of the plaintiff.</p> <p>2. Contracts — Execution Procured by Fraud — Failure to Read. A defendant who is induced to sign a contract by the misrepresentations and fraud of the plaintiff is not barred from relief by the fact that he failed to read the contract or have it read to him before attaching his signature.</p>