Fitzpatrick v. Crowther

Supreme Court of Kansas

Fitzpatrick v. Crowther

173 P. 300, 103 Kan. 172, 1918 Kan. LEXIS 211

CourtSupreme Court of Kansas

DecidedJune 8, 1918

DocketNo. 20,797

StatusPublished

This text of 173 P. 300 (Fitzpatrick v. Crowther) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitzpatrick v. Crowther, 173 P. 300, 103 Kan. 172, 1918 Kan. LEXIS 211 (kan 1918).

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Opinion

Per Curiam:

A rehearing was granted to enable Fitzpatrick to urge his claim that, notwithstanding the erroneous theory upon which the court below decided the case, he is entitled to recover on the finding of fact as to oral representations. The trial court, however, made a specific finding that Fitzpatrick re-relied upon the representations in the deed as to the size of the lots, and there was no finding that he relied upon any oral representations.

Oral representations having been neither pleaded nor found to have been relied upon, it is held that Fitzpatrick is not entitled to recover, and the former judgment of reversal is adhered to.

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Per Curiam:

A rehearing was granted to enable Fitzpatrick to urge his claim that, notwithstanding the erroneous theory upon which the court below decided the case, he is entitled to recover on the finding of fact as to oral representations. The trial court, however, made a specific finding that Fitzpatrick re-relied upon the representations in the deed as to the size of the lots, and there was no finding that he relied upon any oral representations.

Oral representations having been neither pleaded nor found to have been relied upon, it is held that Fitzpatrick is not entitled to recover, and the former judgment of reversal is adhered to.

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Bluebook (online)

173 P. 300, 103 Kan. 172, 1918 Kan. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-crowther-kan-1918.