W. W. Kimball Co. v. Raw

The opinion of the court was delivered by

Wells, J. :

This was an action originally brought in the district court of Wyandotte county by the plaintiff in error against the defendant in error, to recover the possession of a certain piano, under the provisions of a sale note given by the defendant to the plaintiff on September 12, 1892. In answer to the petition, the defendant set up, substantially, that the plaintiff through its agents and employees falsely and fraudulently represented the piano to be worth the sum of $430, the amount for which it was sold, when in truth and in fact the piano…