Diebold Safe & Lock Co. v. Huston & Breeding
Supreme Court of Kansas
Error from Nemaha District Court. This case was commenced before a justice of the peace of the city of Seneca, and the plaintiffs obtained judgment for «$172 and costs.
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Error from Nemaha District Court. This case was commenced before a justice of the peace of the city of Seneca, and the plaintiffs obtained judgment for «$172 and costs. The defendant appealed to the district court, where an amended petition was filed, alleging in substance that the plaintiffs on or about the 25th of July, 1889, purchased of the Die-bold Safe and Lock Company a No. 4 Diebold safe, which was represented and guaranteed to be fire-proof, for which the plaintiffs agreed to pay $72, one-fourth cash, and the balance in three equal payments ; that on the 18th day of January, 1890,…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
to"™?1/.0not The plaintiff (Breeding) testified to an oral warranty by the agent of the defendant that the safe was fire-proof. It will be observed that the written order for the safe, made at the time, expressly provides that the title shall remain in the defendant until the full purchase-price should be paid. The evidence shows that $18 was paid at the time of the delivery of the safe, and that the first note was afterward paicl. At the time of the fire two notes still remained unpaid, and the title to the property therefore was still in…
2Cases cited10 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Jones v. GeorgeTexas Supreme Court · 1884
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Dounce v. . DowNew York Court of Appeals · 1876
- Hickey v. . MorrellNew York Court of Appeals · 1886
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3Cited by13 opinions
- Fuchs & Lang Manufacturing Co. v. R. J. Kittredge & Co.Illinois Supreme Court · 1909
- Ehrsam v. BrownSupreme Court of Kansas · 1902
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Kaull v. BlackerSupreme Court of Kansas · 1920
- Lane v. C. A. Swanson & SonsCalifornia Court of Appeal · 1955
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