Burns v. Mahannah
Supreme Court of Kansas
Error from Reno District Court. Action brought in the district court of Sedgwick county, by Mahannah against Burns, to recover damages for an alleged breach of a contract in writing for the sale of certain corn. A copy of the contract is as follows: “Union Township,. Aug. 13, 1881. “Contract made and entered into between Wm. Burns, of the first part, and J. Mahannah, of the second part: Wm.
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Error from Reno District Court. Action brought in the district court of Sedgwick county, by Mahannah against Burns, to recover damages for an alleged breach of a contract in writing for the sale of certain corn. A copy of the contract is as follows: “Union Township,. Aug. 13, 1881. “Contract made and entered into between Wm. Burns, of the first part, and J. Mahannah, of the second part: Wm. Burns, of the first part, agrees to sell his crop of com for fifteen cents per bushel to J. Mahannah, of the second part. The crop to be averaged by L. B. Dotson and S. Corcal on or before the 1st day of…
1Opinion of the Court
Opinion by
Simpson, C.:
The motion for a new trial assigned two reasons for setting aside the verdict of the jury. One of these — that with reference to the verdict not being sustained by the evidence — comes within a rule that has been stated so often that its repetition has become monotonous; the other is for errors of law occurring at the trial. While there is some *89general criticism as to some of the instructions given by the court, the vigorous fight is confined to the action of the court in refusing to allow the plaintiff in error to prove that corn had very suddenly advanced in price, on…
2Cases cited1 opinion
- Graffenstein v. E. Epstein & Co.Supreme Court of Kansas · 1880
3Cited by6 opinions
- Griesa v. ThomasSupreme Court of Kansas · 1916
- Hart v. MarburySupreme Court of Florida · 1921
- Potter v. Necedah Lumber Co.Wisconsin Supreme Court · 1899
- Subke v. GonderSupreme Court of Kansas · 1916
- Fourth National Bank v. WebbSupreme Court of Kansas · 1930
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