Carpenter v. Wright
Supreme Court of Kansas
Error from Sedgwick Common Pleas Court. Action by Mary M. Wright against the Wichita & Valley Center Motor Bailroad and Land Company and others. At the May term, 1889, there was judgment for plaintiff, and defendants bring error. The opinion states the facts.
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Error from Sedgwick Common Pleas Court. Action by Mary M. Wright against the Wichita & Valley Center Motor Bailroad and Land Company and others. At the May term, 1889, there was judgment for plaintiff, and defendants bring error. The opinion states the facts. Can a vendee of real estate have a sale rescinded and recover the purchase price, on account of misrepresentations of the vendor as to the title to the property or incumbrances thereon, when the condition of the property is a matter of record, and the transaction was had in the county where the records are situated? We are aware that the…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
Mary M. Wright brought an action against the Wichita & Valley Center Motor Railroad and Land Company, H. D. Heiserman, Color L. Sim, and J. T. Carpenter, to recover damages in the sum of $350, resulting from the alleged misrepresentation and fraud practiced by defendants in the sale of real estate to her. In her petition, she alleged *224that the defendants represented to her that the company was the absolute owner of a certain lot, and that it was held free and clear of incumbrances; that the representations were made to induce her to…
2Cases cited3 opinions
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Bristol v. BraidwoodMichigan Supreme Court · 1873
- McKee v. EatonSupreme Court of Kansas · 1881
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- Hutto v. KnowltonSupreme Court of Kansas · 1910
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- Circle v. PotterSupreme Court of Kansas · 1910
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