State Life-Insurance v. Johnson

Citations

• 73 Kan. 567
• 85 P. 597
• 1906 Kan. LEXIS 289

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Induced by Fraud — Suit for Rescission — Parol Evidence. In a suit to avoid a written contract and to recover money paid thereon on the ground that plaintiff had no opportunity to read the contract and was induced to execute the same by false and fraudulent representations, the rule that parol testimony will not be received of conversations had between the contracting parties prior to the signing of the contract, for the purpose of disputing, altering or changing the terms of the contract, does not apply.</p> <p>2. -Fraudulent Representations — Question of Fact. A defense to such a suit that the false and fraudulent represen- ' tations alleged to have been made were so palpably false or unreasonable that the party claiming to be injured could not have been, and was not, deceived thereby ordinarily raises a question of fact for the jury, and not a question of law.</p>