Terwilliger v. McCorkle

Citations

• 108 Kan. 480
• 196 P. 618
• 1921 Kan. LEXIS 202

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Finding of Fact Supported by Evidence. The questioned finding of fact was supported by evidence.</p> <p>2. Same — Cancellation of Written Contract — Evidence—No Forfeiture of Contract. A petition asking that a written contract for the sale of real property be canceled on the ground that the contract was not intended to be binding on the parties to it cannot be sustained by showing that all rights under the contract have been forfeited by noncompliance with its conditions, where no forfeiture has been declared and none is alleged.</p> <p>3. New Trial — Newly-discovered Evidence — No Diligence Shown. A new trial should not be granted on the ground of newly-discovered evidence except when the party complaining shows that he exercised due diligence to produce that evidence. Diligence is not shown where the evidence on the application for a new trial establishes that the party knew of the witness and could have ascertained what his testimony would have been by making inquiry, but that he made no inquiry and did not have the witness subpoenaed.</p>