Legal Opinion

Casey v. Diehl

Supreme Court of Kansas

Decided March 11, 1911No. 16,904PublishedCited by 1 opinion

Appeal from Franklin district court.

1Per curiam

No cause of action for the loss of his bargain accrued to the plaintiff, because the contract was not binding under the statute of frauds. (Leis v. Potter, 68 Kan. 117, 121.)

The other item of damage claimed is not recoverable -on the principle of estoppel, because the claim arises upon voluntary conduct of the plaintiff, not induced by the defendant, and entirely outside the purview of the contract.

The judgment is affirmed.

2Cases cited1 opinion

  1. Leis v. PotterSupreme Court of Kansas · 1903

3Cited by1 opinion

  1. Evans v. LynchSupreme Court of Kansas · 1968