Aultman & Taylor Machinery Co. v. Schierkolk

The opinion of the court was delivered by

BURCH, J.

The action was one of replevin by a chattel mortgagee for a threshing machine. A demurrer was sustained to the defendant’s evidence, and he appeals.

*78The controversy was before the court on the occasion of a former appeal, Machinery Co. v. Schierkolk, 95 Kan. 737, 149 Pac. 680. As there indicated, the principal defense was rescission on the ground of fraud. The evidence disclosed that the sale was negotiated at Lincoln, Neb., and was completed by delivery of the engine at Lanham, Neb., the defendant paying the freight from Lincoln to Lanham. The…