Phares v. Krhut
Supreme Court of Kansas
Error from Trego district court; James H. Reeder, judge. STATEMENT. Dependants in error brought this action against. John W. Phares to recover $2000 damages for fraud and misrepresentation, claiming that he had acted as. their agent in the sale of a section of land and fraudulently misrepresented to them that he had sold it for the sum of $8000 when in fact he received the sum of' $9600, and had retained the difference as well as an agent’s commission.
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Error from Trego district court; James H. Reeder, judge. STATEMENT. Dependants in error brought this action against. John W. Phares to recover $2000 damages for fraud and misrepresentation, claiming that he had acted as. their agent in the sale of a section of land and fraudulently misrepresented to them that he had sold it for the sum of $8000 when in fact he received the sum of' $9600, and had retained the difference as well as an agent’s commission. Upon issues joined the case was-tried to a jury and judgment rendered in favor of defendant. The trial court allowed a motion for a new trial…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
It is claimed that the court erred in refusing to strike from the files the affidavits and in admitting oral evidence in support of the motion. This claim of error is based upon the contention that the “misconduct of the prevailing party,” which is one of the statutory grounds for a new trial, has no application to any acts of a party except such as occur at the trial, and especially that it has no reference to something that may have occurred long prior to the trial. To this we cannot agree. The language of the statute contains no such…
2Cases cited1 opinion
- May, Weil & Co. v. HamSupreme Court of Kansas · 1873
3Cited by3 opinions
- Bell v. BellMontana Supreme Court · 1958
- State v. RobertsonSupreme Court of Kansas · 1969
- Ratcliff v. SharrockSupreme Court of Oklahoma · 1915