Van Natta v. Snyder

Citations

• 98 Kan. 102
• 157 P. 432
• 1916 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Purchase of Hotel — Contract Procured by Fraud — Contract fully Executed — Fraud Not Waived or Condoned. A woman was induced to purchase a hotel through fraudulent representations of the vendor. The contract of sale was executed on both sides, the vendee paying half the consideration in cash and executing and delivering-notes secured by mortgage for the remainder. After the transaction was concluded, but on the same day, the vendee discovered the fraud. The notes were payable monthly, beginning July 1, 1913. The vendee paid ten of them, the last on October 10, 1913, and meanwhile occupied the property without complaining of the fraud. In January, 1915, the vendor brought suit to recover on the unpaid notes and to foreclose the mortgage. The vendee was without business experience and had relied entirely on the vendor, whom she regarded as a friend. She was ashamed to think the vendor had beaten her, was afraid to make him angry and antagonistic, did not know what to do that would do any good, and was ignorant of her rights until she consulted an attorney after she was sued. Held, the fraud was not waived or con- ■ doned, and a counterclaim for damages for the difference between the value of the property as it was and as it was represented to be was wrongfully disallowed.</p> <p>2. Same — Former Decision Overruled in Part. The first paragraph of the syllabus of the case of Wvresher Co. v. Gruben, 6 Kan. App. 665, 50 Pac. 67, is overruled.</p>