Basye v. Paola Refining Co.

The opinion of the court was delivered by

Mason, J.:

The Paola Refining Company bought an oil lease of A. J. Basye and others. Afterward, claiming that it had been led to make such purchase by fraudulent representations as to the quantity of oil produced, it sued to rescind the transaction, and recovered a judgment, from which the defendants prosecute error.

The contention is made that the petition, which was; attacked only by an objection to the introduction of evidence under it, was fatally defective in that it did not state that the plaintiff relied upon the representations referred to or…