Woods v. Nicholas

Citations

• 92 Kan. 258
• 140 P. 862
• 1914 Kan. LEXIS 209

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amendment—Correction of Mistake — Liberally Allowed. Amendments for the purpose of correcting mistakes or defects in pleadings that would promote justice and not substantially change the claims or defenses of parties should be liberally allowed.</p> <p>2. Petition States Cause op Action — Deceit and Fraud. The averments of the amended petition examined and held to state a cause of action for the deceit and fraud of the defendant.</p> <p>3. Sales — Mere Exjyression of Opinion Not Fraud. A mere puffing statement by the seller as to the quality of an article sold or exchanged is generally regarded as an expression of opinion and of itself does not constitute fraud as against the buyer.</p> <p>4. Sales — When Buie of Caveat Emptor Applies. It is a general rule that if an article is sold for any and all purposes for which it is adapted, and not by a manufacturer or producer for a particular purpose, and it is open to inspection by the buyer, the rule of caveat emptor applies.</p>