Dearborn Motors Credit Corporation v. Neel

The opinion of the court was delivered by

Schboeder, J.:

This action appearing for the second time (See Dearborn Motors Credit Corporation v. Neel, 181 Kan. 598, 313 P. 2d 243) involves the sale of a Ford diesel tractor. The plaintiff seeks recovery of the balance of the purchase price due and the purchaser cross-petitions for damages on the ground of fraud, among others.

Stripped of complicated facts the question presented on appeal is whether issuable facts were presented to the' trial court by the pleadings of the respective parties.

Featured in the pleadings are two written instruments. The…