52 Kan. 227 | Kan. | 1893
The opinion of the court was delivered by
Was there any competent evidence to go to the jury on the question of damages? What is the measure of plaintiff’s recovery? Plaintiff contends that she is entitled to recover all that was lost by reason of her intestate’s having entered into this transaction, and that that loss is measured by the difference between the amount of money paid and the value of the property obtained through the fraudulent purchase, measured by its value at the time of the trial; that the rule for the ascertainment of damages occasioned by fraud is different from that in an action on a covenant; that the plaintiff is entitled to have her whole loss made good; and that, in order to do so, she must be paid back all the money her intestate parted with, diminished only by the present value of the property obtained through the transaction. On the other hand, the defendants contend that the plaintiff’s damages, if any be awarded her, must be measured as of the time of the transaction; that plaintiff’s intestate had a right, at any time after the purchase, to dispose of his interest in the property; that if it was worth, or could be sold on the market for, as much as he paid for it, and he saw fit to continue to hold it in expectation of an increase in value, it is his own speculation from that time on, and that the defendant is in nowise responsible for an adverse turn in the real-estate market.
The trial court seems to have regarded the testimony introduced as wholly insufficient to challenge the consideration of the jury. The land was purchased in May, 1887. There is evidence tending to show that an inflation in the market value of real estate in the vicinity of Newton began about February, 1887; that just prior to the boom this land was worth from $50 to $75 an acre; that thereafter it increased in price very rapidly; that the inflation of prices lasted about six months, after which there was a shrinkage. It appears that in January, 1887, the east 40 was purchased by Gilbert
It is contended, on behalf of the defendants Templar and Moore, who appear by separate counsel, that whatever conclu