Speed v. Hollingsworth
Supreme Court of Kansas
Error from Cowley District Court. Prior to and on the 9th of August, 1888, James Hollingsworth, residing in Chicago, 111., was the owner of a farm, in Cowley county, in this state, consisting of 716 acres. On that date, Horace Speed, a lawyer, of Oklahoma, purchased the farm for $13,000, paying a part in cash, and giving his notes to James Hollingsworth for $5,000, the balance of the purchase money, secured by a mortgage on the farm.
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Error from Cowley District Court. Prior to and on the 9th of August, 1888, James Hollingsworth, residing in Chicago, 111., was the owner of a farm, in Cowley county, in this state, consisting of 716 acres. On that date, Horace Speed, a lawyer, of Oklahoma, purchased the farm for $13,000, paying a part in cash, and giving his notes to James Hollingsworth for $5,000, the balance of the purchase money, secured by a mortgage on the farm. Afterward, James Hollingsworth died, leaving Sarah A. Hollingsworth, his widow, as sole heir-at-law. Mrs. Hollingsworth and Charles M. Henderson are the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It appears that the trial court refused to permit the defendant below to offer any evidence in support of the allegations of his answer; upon the ground that the representations made to him by the vendor’s agents were expressions of opinion only, and further, that as the defendant was upon the premises before his purchase, he could have discovered, if he had been diligent, their falsity. The alleged false representations related to the quantity of the bottom land, the quantity of the land in corn, and to the rentals of the pasture land.…
2Cases cited14 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Paine v. . UptonNew York Court of Appeals · 1882
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- Nelson v. CarringtonSupreme Court of Virginia · 1815
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3Cited by55 opinions
- Nordstrom v. MillerSupreme Court of Kansas · 1980
- Horton v. TyreeWest Virginia Supreme Court · 1927
- Wolf v. BrungardtSupreme Court of Kansas · 1974
- Fox v. WilsonSupreme Court of Kansas · 1973
- Cawston v. SturgisOregon Supreme Court · 1896
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