Constant v. Lehman
Supreme Court of Kansas
Error from Harvey District Court. This action was brought by plaintiff’s intestate, Hiram Constant, who died after the trial of the case in the district court, and the cause was thereafter revived and prosecuted in the name of tbe administratrix. The petition charges the defendants with having induced him and other persons, who resided at Hutchinson, to enter into a joint purchase of two 40-acre tracts of land in the vicinity of Newton by fraud.
Read the full summary
Error from Harvey District Court. This action was brought by plaintiff’s intestate, Hiram Constant, who died after the trial of the case in the district court, and the cause was thereafter revived and prosecuted in the name of tbe administratrix. The petition charges the defendants with having induced him and other persons, who resided at Hutchinson, to enter into a joint purchase of two 40-acre tracts of land in the vicinity of Newton by fraud. It appears that one tract, known as the “Briggs 40 acres,” lying west of the city of Newton, was purchased from a Miss Briggs, for $16,000. The title…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J.:
scission,**Row We have only to consider the case made by the evidence introduced by the plaintiff, and determine therefrom whether there was anything to go to the jury. It is conceded that it was a fraud for Lehman and Gilbert to enter into a joint purchase of this land with the Hutchinson parties, when they were interested as sellers, without disclosing that interest. The controversy in the case is as to the right of the original plaintiff in this action to rescind; and if that be determined adversely to him, then as to the measure of his…
2Cases cited4 opinions
- Marvin v. . PrenticeNew York Court of Appeals · 1884
- Gaulden v. SheheeSupreme Court of Georgia · 1858
- Hardy v. First National BankSupreme Court of Kansas · 1891
- Brisbane v. PomeroyNew York Court of Common Pleas · 1885
3Cited by9 opinions
- Toklan Royalty Corp. v. Panhandle Eastern Pipe Line Co.Supreme Court of Kansas · 1949
- Hurst v. KnightCourt of Appeals of Texas · 1914
- Vic Regnier Builders, Inc. v. Linwood School District No. 1Supreme Court of Kansas · 1962
- State ex rel. State Highway Commission v. WertzSupreme Court of Missouri · 1972
- Erdley v. DixonSupreme Court of Kansas · 1928
4 more not listed; retrieve them via the Exa API.