Stroupe v. Hewitt

Citations

• 90 Kan. 200
• 133 P. 562
• 1913 Kan. LEXIS 192

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Parts Stricken Out — Not Prejudicial. An order striking out parts of an answer but which leaves it sufficient to present all proper defenses and counterclaims is not prejudicially erroneous.</p> <p>2. Written Contract — Exchange of Property — Time of Taking Effect Fixed by Parol Agreement. Evidence of a parol agreement is admissible to prove that a written contract for the sale and exchange of property, signed and deposited in a bank, should not take effect until one of the parties has had an opportunity for five days to test the truthfulness of representations made concerning the property of the other to be exchanged, when such oral agreement does not contradict any stipulation in the writing.</p> <p>3. Trial — Rulings upon Testimony. Rulings upon testimony are reviewed and held not to prejudice substantial tights.</p> <p>4. -Instructions. Instructions are examined and held to fairly state the theories of the parties and to clearly submit the issues.</p> <p>5. Contract — Exchange of Property — Fraud — Measure of Damages. The measure of damages in actions for fraud and deceit in the sale of property as held in Speed v. Hollingsworth; 54 Kan. 436, 38 Pac. 496, is followed.</p>