Shuler v. Hall

• Decision Date: 17 April 1914
• Docket Number: Case Number: 3201
• Citation: 42 Okla. 325,1914 OK 199,141 P. 280
• Parties: SHULER et al. v. HALL.
• Court: Oklahoma Supreme Court

1914 OK 199

141 P. 280

42 Okla. 325

SHULER et al. v. HALL.

Case Number: 3201

Supreme Court of Oklahoma

Decided: April 17, 1914

Syllabus

¶0 1. CANCELLATION OF INSTRUMENTS--Fraud--Sufficiency of Petition. In an action to rescind a contract induced by fraud, a petition which shows what the acts of fraud were, and that plaintiff acted upon them believing them to be true, and that such fraudulent acts and false pretenses were the sole inducement to the making of the contract, and shows that the representations which lead to the contract were wholly false, and wherein they were false, and shows the extent and effect of the fraud, states a cause of action.

2. APPEAL AND ERROR--Review--Objections to Instructions. In order for a party to avail himself of an alleged error in an instruction, it must appear from the record that the instruction complained of was duly excepted to at the time.

3. EVIDENCE--Parol Evidence--Fraud. Where an instrument is attacked for fraud, all the circumstances and transactions leading up to and surrounding the execution of the instrument, as well as the motives and intentions that prompted the makers to execute it, may be shown by parol.

Error from Superior Court, Oklahoma County; E. D. Old field, Judge.

Action by Thomas R. Hall against C. E. Shuler and others. Judgment for plaintiff against Shuler and H. L. Kerns, and they bring error. Affirmed.

Burwell, Crockett & Johnson, for plaintiffs in error

Carlisle & Edwards, for defendant in error

HARRISON, C.

¶1 This was an action begun by Thomas R. Hall against the company itself and the individual parties composing what was styled the "Square Deal Realty Company," of Oklahoma, to rescind a contract induced by fraud, or for damages sustained by reason of the fraudulent misrepresentations which induced the contract; the contract in question being that plaintiff agreed to convey a certain tract of land in Oklahoma county, Okla., to defendants in exchange for a deed to a certain tract of land in Texas county, Mo.

¶2 The plaintiff alleged in his petition, and then introduced testimony tending to prove the allegations, that, having had his land listed with the Square Deal Realty Company for sale, he learned that the company had a tract of land in Missouri for sale, trade, or exchange, and went to them, to their office, to ascertain if such information were true, and to further ascertain the character and value of the Missouri land, and whether an exchange could be made of his land in Oklahoma county for their land in Texas county, Mo. After talking the matter over with them, it was agreed among all parties that the exchange of property could be made; whereupon a written contract was entered into to the effect that Hall would execute a deed conveying his tract of land in Oklahoma county to the Square Deal Realty Company, and that the company would execute a deed conveying the Missouri land to Thomas R. Hall. Pursuant to such agreement the respective deeds were executed and delivered, and the properties exchanged. The facts which lead to the agreement were substantially that Hall''s land in Oklahoma county had certain incumbrances, part of which were to be released by Hall, the remainder of which to be assumed by defendants, and that the land was of a certain character, with certain improvements thereon, and that the Missouri tract of land had no incumbrances, was all tillable, fenced, and cross-fenced with wire, land of a rich, black, sandy soil, no rocks, no ditches, not subject to overflow, no sand or gravel, five-room house sided and painted, stone foundation, and had been built only about two years, two-story frame barn, 16x20 feet, shingled roof, chicken house, shed, good well, on R. F. D. and telephone lines, ten acres bearing orchard and berries, rented the previous year for $ 250. These representations in substance were made verbally to Hall by the defendants, and before the final consummation of the deal they scratched up a written description of the Missouri land in some of their desks which described it in practically the same terms.

¶3 Hall insisted that he have time or be given an opportunity before closing the deal to go to Missouri and look at the Missouri tract; but defendants insisted that they had other deals on for the exchange of the Missouri tract, and that time was very essential to them, and that they were liable for any misrepresentations they might make--they were the Square Deal Realty Company; and during the conversation leading up to the agreement a phone call was put in to the Square Deal Realty Company, and one of the parties answered in a conversation purporting that some one else was anxious for an opportunity to get in on the Missouri land deal, and the party answering the phone for the Square Deal Realty Company answered that they already had a party with whom they were dealing for such land. Upon these representations and maneuverings Hall was induced to and did enter into the agreement for an exchange of deeds to the respective tracts of land. Upon visiting the Missouri land, Hall alleged in his petition, and so stated on the witness stand, that each and every representation as to the character of the tract of land and the improvements thereon made by defendants was false and wholly untrue; that the land was located on the side of a...