Sramek v. Sklenar
Supreme Court of Kansas
Error from Marion district court ;'R. L. King, judge. STATEMENT. This action was brought by the defendant in error in the district court of Reno county to recover damages from the plaintiff in error for an alleged breach of a contract to marry. After a'motion of the defendant to strike out portions of the petition as redundant had been denied, the defendant joined issue by a general denial.
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Error from Marion district court ;'R. L. King, judge. STATEMENT. This action was brought by the defendant in error in the district court of Reno county to recover damages from the plaintiff in error for an alleged breach of a contract to marry. After a'motion of the defendant to strike out portions of the petition as redundant had been denied, the defendant joined issue by a general denial. The case was tried to a jury, and a verdict for $5000 damages was returned in favor of the plaintiff. A motion of the defendant for a new trial was denied, and judgment was rendered in accordance with the…
1Opinion of the Court
*451The opinion of the court was delivered by
Smith, J.:
Six assignments of error are made, of which the first is the refusal of the court to strike out certain portions of the plaintiff’s petition which set forth the circumstances and long continuance of the engagement to marry and the seduction of plaintiff, which in themselves do not constitute a cause of action or any part of a cause of action, but which' are proper matters of proof for the consideration of the jury by way of aggravation of the damages for the breach of the contract to marry.
“As a general rule, it is not necessary to the…
2Cases cited5 opinions
- Johnson v. LeggettSupreme Court of Kansas · 1882
- Klopfer v. BrommeWisconsin Supreme Court · 1870
- Drake v. First National Bank of Fort ScottSupreme Court of Kansas · 1885
- Hanks v. NagleeCalifornia Supreme Court · 1879
- Saxon v. WoodIndiana Court of Appeals · 1892
3Cited by11 opinions
- Harris v. MorrisonSupreme Court of Kansas · 1917
- Morgan v. MuenchSupreme Court of Iowa · 1916
- Hendricks v. Wichita Federal Savings & Loan Ass'nSupreme Court of Kansas · 1943
- Anderson v. Denison Clay Co.Supreme Court of Kansas · 1919
- Dalrymple v. GreenSupreme Court of Kansas · 1913
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