Consolidated Oil, Gas & Manufacturing Co. v. Overfield

The opinion of the' court was delivered by

Hopkins, J.:

This is an action by plaintiff to cancel a warranty deed alleged to have been procured through fraud. Defendant Over-field appeals from an order overruling a demurrer to plaintiff’s petition. He contends—

First, That the facts pleaded do not amount to fraud.

Second, That plaintiff made no offer to restore defendant Over-field to his former position.

Third, That plaintiff waived the fraud.

The petition alleges, in substance, that the plaintiff is a corporation with its principal office at Independence; that, prior to June 1, 1920, defendant…