King Bros. v. Perfection Block Machine Co.
Supreme Court of Kansas
Appeal from Finney district court; William H. Thompson, judge. STATEMENT. The action is upon a written agreement whereby King Brothers ordered from the Perfection Block Machine Company a machine and attachments to be manufactured, delivered, set up, and put in operation at Garden City for making concrete building blocks, as described in the catalogue of that company.
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Appeal from Finney district court; William H. Thompson, judge. STATEMENT. The action is upon a written agreement whereby King Brothers ordered from the Perfection Block Machine Company a machine and attachments to be manufactured, delivered, set up, and put in operation at Garden City for making concrete building blocks, as described in the catalogue of that company. The contract contained the following: “First party hereby guarantees that said machine when in operation with the necessary fixtures and appliances as shown (including conveying belt for blocks) and directed by them, using five…
1Opinion of the Court
The opinion of the court was delivered by
BENSON, J.:
Various errors are assigned relating to the petition, the testimony, the instructions, and the findings.
The petition stated a cause of action. It alleged the contract, the failure of the defendant to comply with its terms, and the resulting damages. It stated thé facts constituting the cause, of action, as required by the code. (Civ. Code 1909, § 92.) It is argued that the petition ought to have contained an allegation that the plaintiffs had returned or offered to return the property. It was stated, however, that the machinery did not meet…
2Cases cited4 opinions
- Paola Gas Co. v. Paola Glass Co.Supreme Court of Kansas · 1896
- Murphy v. McGrawMichigan Supreme Court · 1889
- David F. v. Southwestern RailroadSupreme Court of Georgia · 1870
- Taylor v. SpencerSupreme Court of Kansas · 1907
3Cited by11 opinions
- Read v. LoftusSupreme Court of Kansas · 1910
- Brenneman v. Auto-Teria, Inc.Oregon Supreme Court · 1971
- Cain Shoes, Inc. v. GunnSupreme Court of Kansas · 1965
- Stewart v. Fourth National BankSupreme Court of Kansas · 1935
- Hostetler v. BartholomewSupreme Court of Kansas · 1915
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