60 Kan. 141 | Kan. | 1899
The opinion of the court was delivered by
This action was commenced in the district court of Reno county by Ephraim J. Lash and wife and Robert H. Smith against the plaintiff in error. It was alleged in the petition that on or about the 16th day of May, 1889, the plaintiffs entered into a written contract with the defendant, by the terms of which the plaintiffs were to receive a loan of $2201.35 from the defendant on the completion of a certain two-story dwelling-house on a lot in Hutchinson ; that the plaintiffs executed and delivered their note and mort
The first evidence offered by the plaintiffs was the deposition of Ephraim J. Lash, one of the plaintiffs, to which was attached as an exhibit a copy of the written application for the loan, signed by Lash and Smith, from which it appears that the application was made to the Kansas Mortgage Company, and in which were contained representations as to the title to the lot and value of the lot and buildings, and au
It appeared from the depositions of the plaintiffs that there were unsatisfied liens on the property, and that the terms of the application had not been complied with, and that the plaintiff's under their own