Dryden v. Rogers

The opinion of the court was delivered by

Fatzer, J.:

This was an action to cancel and rescind a written lease on the grounds of misrepresentation and fraud, and for restitution of rent. Trial was had by the court, which rendered judgment for the plaintiff. The defendant has áppealed.

We shall briefly summarize the evidence before the trial court, as follows: The plaintiff, James Dryden, in answer to a classified advertisement in a Wichita newspaper listing for lease a Zesto soft ice cream stand, telephoned the owner, O. H.. Rogers, the defendant, and Dryden and his wife met Rogers at the stand…