SWAGER v. VOGT

No. 25025.

435 S.W.2d 49 (1968)

John SWAGER, Plaintiff-Respondent, v. Walter VOGT, Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

December 2, 1968.


Attorney(s) appearing for the Case

Harold A. Kyser, Harold L. Caskey, Butler, for appellant.

Ralph E. Smith, Butler, for respondent.


MORGAN, Judge.

This action for fraud appears to be one of those cases occasionally encountered by lawyers wherein there was a desire to litigate the "principle of the thing."

On November 10, 1966, plaintiff drove his automobile into the rear of defendant's parked 1966 Chevrolet Caprice. Based upon a written damage estimate of the Guthrie Motor Company for $501.63, plaintiff on November 12 paid this amount to defendant. At the time of this compromise settlement...

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