Farmers' Stock Breeding Ass'n v. Scott
Supreme Court of Kansas
Error from Norton District Court. Ok the 8tb day of December, 1888, .The Farmers’ Slock-Breeding Assooiation brought its action against Adam Scott, E. W. Norlin, and John McManis, to recover upon the following promissory note: “$395. Lenora, Kas., February 22, 1887. “On or before the 1st day of April, 1888, we, or either of us, promise to pay the Farmers’ Stock-Breeding Association, or order, $395, with interest from date at 10 per cent, per annum. Adam Scott. E. W. NorliN.
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Error from Norton District Court. Ok the 8tb day of December, 1888, .The Farmers’ Slock-Breeding Assooiation brought its action against Adam Scott, E. W. Norlin, and John McManis, to recover upon the following promissory note: “$395. Lenora, Kas., February 22, 1887. “On or before the 1st day of April, 1888, we, or either of us, promise to pay the Farmers’ Stock-Breeding Association, or order, $395, with interest from date at 10 per cent, per annum. Adam Scott. E. W. NorliN. John McManis.” The defendants filed two separate answers, which alleged that the note was given as part purchase price…
1Opinion of the Court
*536The opinion of the court was delivered by
HoktoN, C. J.:
Whether the defense interposed to the collection of the note sued upon be construed as arising upon a breach of warranty, or as a plea of fraud and deceit, the representations made by the plaintiff, through its agents, after the written instrument of sale and warranty had been executed and the sale completed, were wholly immaterial and should not have been admitted. Such representations, made after the sale, could not have been relied upon by the purchasers, or have been any inducement to the sale. Representations made by a seller after a…
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