Wallis v. Carder
Wallis v. Carder
Opinion of the Court
Appellants, as plaintiffs, sued respondents for damages because of fraudulent representations made to them by respondents, inducing them to purchase a lot from the Security-First National Bank, acting in its capacity as administrator with the will annexed of the estate of Lepper, hereinafter referred to as “bank”. The respondents Carder and Los Angeles Mountain Park Company, hereinafter referred to as “company”, acted as agents and brokers of said bank. When the case was called for trial, bank and company joined in an objection to the evidence. The objection was sustained and appellants were given leave to amend conditioned upon postponement of the trial. Appellants
In the ease of Estes v. Edgar Zinc Co., 97 Kan. 774 [156 Pac. 758], it is said: “It does not take much of a pleading to be good against an objection to the introduction of evidence. Conclusions which apprise the opposite party of what is claimed are sufficient against such an objection, and, indeed, conclusions of that kind are sufficient against a formal demurrer when no motion to make definite and certain has been interposed. Besides this, as the court has remarked on numerous occasions, the important thing is not whether the technical requirements of the old artificial system of framing sharp issues has been complied with, but whether the plaintiff has stated what he claims in such a way that the defendant may know what he has to meet. ’ ’
We have read the complaint in its entirety and find it substantially complete even when viewed from a technical "perspective. There is no question in so far as formal pleading is concerned that all the representations set out are material
The judgment is reversed.
York, Acting P. J., and Doran, J., concurred.
Reference
- Full Case Name
- EDWARD T. WALLIS v. AUGUSTUS W. CARDER
- Cited By
- 2 cases
- Status
- Published