Gale Sulky Harrow Manufacturing Co. v. Stark
Supreme Court of Kansas
Error from Greenwood District, Court. This was an action brought before a justice of the peace of Greenwood county, on March 18, 1887, by The Gale Sulky Harrow Manufacturing Company against Isaac Stark, for the recovery of $65 and interest, on the following' promissory note, to wit: “$65. Greenwood Co., State op Kansas, ) August 7, 1885. J “On or before the 1st day of October, 1886, I promise to pay Gale Sulky Harrow Manufacturing Company, or order, $65, at Eureka Bank, of…
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Error from Greenwood District, Court. This was an action brought before a justice of the peace of Greenwood county, on March 18, 1887, by The Gale Sulky Harrow Manufacturing Company against Isaac Stark, for the recovery of $65 and interest, on the following' promissory note, to wit: “$65. Greenwood Co., State op Kansas, ) August 7, 1885. J “On or before the 1st day of October, 1886, I promise to pay Gale Sulky Harrow Manufacturing Company, or order, $65, at Eureka Bank, of Eureka, Kansas, value received. If paid at maturity, interest at 10 per cent, from August 1,1886, but if not paid when…
1Opinion of the Court
The opinion of the court was delivered by
VALENTINE, J.:
In this action we think the defendant had the right to prove a parol warranty of the sufficiency of the implement purchased for the purpose for which it was purchased, notwithstanding the words contained in the instrument sued on, to wit: “No promise or contract outside of this note *609will be recognized. Isaac Stark.” Upon the face of the note it would seem that Stark, the promisor, the one who signed the note, would be the person who would not recognize any other promise or contract outside of the note. (See also, Thompson v. Manufacturing…
2Cases cited2 opinions
- Thompson v. Wheeler & Wilson Manufacturing Co.Supreme Court of Kansas · 1883
- P. Weybrich & Co. v. HarrisSupreme Court of Kansas · 1883
3Cited by5 opinions
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