Myers v. Fleetwood Farms, Inc.

The opinion of the court was delivered by

Price, J.:

This is an action to reform a written cattle-feeding contract to conform to an alleged prior oral agreement between the parties, and to recover judgment for an alleged balance due under the contract as reformed. As a basis for reformation plaintiff alleges *509fraud and misrepresentation by defendant’s agent in inducing him to sign the contract.

Defendant has appealed from an order overruling its demurrer to the second amended petition, hereinafter referred to as the petition.

Plaintiff is a resident of Wabaunsee County and is engaged in the…