Stansfield v. Kunz
Supreme Court of Kansas
Error from Shawnee district court.; Z. T. Hazen, judge. In banc. STATEMENT. The plaintiff in error was the owner of a drug-store in Topeka, Kan. The defendant in error had been engaged in the drug business at Muscotah, Kan., with one R. J. McQueen., under the firm name of McQueen & Kunz, and this firm held a permit to sell intoxicating liquors, issued to R. J. McQueen and W. F. Kunz.
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Error from Shawnee district court.; Z. T. Hazen, judge. In banc. STATEMENT. The plaintiff in error was the owner of a drug-store in Topeka, Kan. The defendant in error had been engaged in the drug business at Muscotah, Kan., with one R. J. McQueen., under the firm name of McQueen & Kunz, and this firm held a permit to sell intoxicating liquors, issued to R. J. McQueen and W. F. Kunz. Prior to the contract hereinafter stated, Kunz quit McQueen and his business at Muscotah and came to Topeka, and entered into a written agreement with the plaintiff in error to purchase his entire stock of drugs,…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
The evidence supports the finding of the jury, that the sale of the stock was an entirety. It was not the intention of Stansfield to sell, or Kunz to purchase, a part of this stock of goods. It was *800their intention that the entire stock should pass by the sale. Under the law of this state, no person has a right to sell or contract for the sale of intoxicating liquors unless he has a druggist’s permit for that purpose, and then only to sell for mechanical, medical and scientific purposes, or to some other druggist who also has a right to sell…
2Cases cited4 opinions
- Mason v. McLeodSupreme Court of Kansas · 1896
- Bernard v. TaylorOregon Supreme Court · 1893
- Korman v. HenrySupreme Court of Kansas · 1884
- Skinner v. HendersonSupreme Court of Missouri · 1846
3Cited by5 opinions
- McShane v. QuillinIdaho Supreme Court · 1929
- Wycoff v. Quick Way Homes, Inc.Supreme Court of Kansas · 1968
- Willig v. GoldCalifornia Court of Appeal · 1946
- McDuffee v. Hayden-Coeur D'Alene Irrigation Co.Idaho Supreme Court · 1913
- State v. WilsonSupreme Court of Kansas · 1905