Rosenberger v. Livingston

The opinion of the court was delivered by

Harvey, C. J.:

This was an action framed in tort for damages alleged to have resulted from defendants’ fraud in inducing plaintiffs to purchase certain real and personal property. The trial court sustained defendants’ demurrer to plaintiffs’ third amended petition and they have appealed.

The allegations of the petition may be summarized or quoted as follows: That the parties are residents of Sedgwick county; that by fraud practiced by defendant, as later stated, plaintiffs were induced to purchase a certain greenhouse and nursery belonging to defendants…