(Download) "Fruit v. Stacy" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Fruit v. Stacy
- Author : Supreme Court of Kansas
- Release Date : January 28, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by The principal appeal in this case is from an order overruling a demurrer to plaintiff's amended petition in an action brought to recover damages on account of defendant's alleged fraud and deceit in the sale of an automobile to plaintiff. The essential allegations of plaintiff's original petition, which was filed January 26, 1949, are that the defendant is engaged in the business of buying and selling motor cars, both new and used, in the city of Pittsburg; that on or about December 27, 1947, following negotiations between the parties, defendant sold to plaintiff a 1935 Pontiac automobile, representing that he was the owner thereof and could give to plaintiff a good and sufficient title to the same. That plaintiff in good faith and in reliance upon said representations paid defendant the sum of $200 for the automobile, whereupon defendant assigned to him Kansas certificate of title No. A421161D, covering a 1935 Pontiac coach with engine No. 20-960. That subsequently plaintiff spent approximately $75 for repairs to the automobile and reached an agreement with another party to sell it to the latter for the sum of $300; that while in the process of making these repairs plaintiff discovered that the engine number of the automobile was 925570 instead of 20-960, as listed in the certificate of title assigned to him by defendant, and that the engine and automobile in question were therefore not the engine and automobile covered by such certificate of title No. A421161D. It is further alleged that by reason of the foregoing facts plaintiff has no title to the automobile; that it is not possible for him to acquire a proper certificate of title to it; that he cannot sell it to any other person on account of this fact; nor can he lawfully operate it himself on account of not having proper title to it as required by law, and that the sale of it to him by defendant was fraudulent and void by reason of such false representations on the part of defendant and was in violation of G.S. 1947 Supp. 8-135. It is further alleged that plaintiff has thus been damaged in the amount of $300 actual damages and that by reason of defendant's conduct plaintiff is entitled to punitive damages. The prayer is