Westerman v. Corder

Citations

• 86 Kan. 239
• 119 P. 868
• 1912 Kan. LEXIS 266

Syllabus

<p>SYLLABUS BY THE COURT;</p> <p>1. Vendor and Purchaser — False Representations Innocently Made — Equitable Estoppel. Where false representations are made by a vendor in the sale of property, the application of the doctrine of equitable estoppel does not necessarily depend upon the knowledge of the vendor of the falsity of the representations, but may rest upon the principle that one who by representing that a certain state of facts exists has misled another is precluded from denying- the truth of such representations and from setting up a claim inconsistent with the facts as represented, where such claim would result in loss tof the other and operate as a fraud upon him.</p> <p>2. - When Purchaser May Rely on Vendor’s Representations. When a false representation is of a matter presumably within the knowledge of the person making it, not made in the way of commendation or as an opinion merely, but as a positive assertion of an existing fact to induce the other party to enter into the contract, such party having no knowledge to the contrary, may if he act in good faith accept the representation as true, and is not bound to make inquiries or examination for himself.</p>