Union Central Life Ins. Co. v. Kerron

1-3. The law of this case is well settled. When an injured party has capacity to read a written contract signed by him and has an opportunity to do so, if no fraud is practiced upon him to prevent him from reading such writing, and he chooses to rely upon what another says it contains without requesting that it be read, he is estopped by his own negligence from claiming that he is not bound by its terms: Lovell v. Potts, 112 Or. 538 (207 Pac. 1006, 226 Pac. 1111), and cases there cited. On the other hand, if false representations are made and relied on by another, or undue influence is…