*1 1116 view, in evidence, all the- fails of our.
A consideration to careful support deceit. There is nо evidence to the and fraud establish charge agent, Nugent, rеpresen the or its knew that that defendant concerning they mаy been, have which made, and tations whatever knowingly dispute, or made with a- were false intent there is serious concerning рlaintiff’s if and Even to deceive. contention defraud representations accepted true, plaintiff’s be as it would seem that might proof, accepted if as an for of true, support action breach contract, an hut not action fоr fraud and deceit. Bros. [Stark Nursery Mayhew, 433; & Orchards Co. v. 141 v. S. W. Stratton 1082, 516; 1083; Dudding, Charles, (2d) 147 S. W. Diehl v. 8 S. W. Snyder Stemmons, 724; v. 131 W. v. 274 Peaveler, S. Stufflebean 101; 27 926, 929; 138, S. W. 55 C. J. Sec. C. J. clear There is a 44.] distinction between an action for fraud and decеit and an action for warranty. of 654, par. breach contract or C. J. [55 668.] "We carefully by respondent, have the but examined cases cited they clearly are either cases where fraud and deceit were shown in evidence, the point questiоn or are cases not in on the raised. herein We are judgment outright. constrained to reverse All the concur. Bryant Respondent. Robertson, Appellant, McFarland, R. v. Carl (2d) 87 S. W. 1067. City Appeals. 12,
Kansas Court of 1935. November Pettijohn <&Eiser for appellant. Harvey F. for respondent.
A.
1117 CAMPBELL brought C. Plaintiff seeking this suit to recover damages for the breach óf а proper contract. This record discloses that the' cause was 17, 1933, tried on October before Hon. D. D. *2 Judge Rebates, judiсial of the fourth circuit,, of'which Nodaway county is part, jury; a аnd jury a and that .the returned- a verdict in favor the judgment of defendаnt. Prom upon a entered .verdict, the plaintiff the appеaled. has respondent
The
has called attention
the
to
fact
that
the
of
bill
exceptions, set .forth in
plaintiff’s
the
abstract of the record
in
filed
signed
court,
by Judge
this
was'
February 9, 1935,
Reevеs on"
and
that at that
time 'Hon Thomas A. Cummins
duly elected,
was the
qualifiеd
acting judge
judicial
and
judicial
of the fourth
circuit. We
ly
Judge
know
judgе
that
judicial
Cummins was elected
of the fourth
November-, 1934;
circuit аt the election in
qualified
that he
and
duly
acting
judge
was
Nodaway County
as such
of the
in
Circuit Court
January and
Seibert,
1935.
rel.
670,
ex
32
February,.
S. W.
[State
202; Mayes
Palmer,
130 Mo.
v.
Thе sole relates to court in of the In of bill ex- directing a verdiсt for the defendant. the absence a of assignment, any can consider ceptions cannot consider the nor we wе plaintiff not that error exception. The does claim there is matter of G., judgment Reynolds, con- proper. is affirmed. in the rеcord The curs. Campbell, C., is opinion foregoing of
PER CURIAM: The All judgment is affirmed.. The opinion of the court. as the adopted concur. Appellant. 88 S. W. Respondent, Kelder, Taylor, v. C. C.
Ira (2d) 436. 12, City Appeals. Court of November 1935.
Kansas