John Deere Plow Co. v. Spatz
Supreme Court of Kansas
Error from Jewell district court; Richard M. Pickler, judge. STATEMENT. B. F. Spatz bought a thrashing-machine from the John Deere Plow Company, for which he gave three notes. The machine was warranted to work, and, if it did not, the notes were to be returned upon delivery of the machine. It did not work, and was returned, and the notes were demanded by Spatz.
Read the full summary
Error from Jewell district court; Richard M. Pickler, judge. STATEMENT. B. F. Spatz bought a thrashing-machine from the John Deere Plow Company, for which he gave three notes. The machine was warranted to work, and, if it did not, the notes were to be returned upon delivery of the machine. It did not work, and was returned, and the notes were demanded by Spatz. The plow company refused to return the notes, and brought an action on them in the district court of Jewell county, where the case was dismissed because the plaintiff, being a foreign corporation, had not complied with the statute…
1Opinion of the Court
*788The opinion of the court was delivered by
Graves, J.:
The plow company contends that the object of this action is to recover damages on account of the unsuccessful action filed against the plaintiff, Spatz, and that the nature of the damages alleged in the petition are such that no recovery can be had in the absence of malice and want of probable cause, which are not alleged. In other words, it is contended that the action is in substance an action for malicious prosecution, with the essential elements omitted. On the other hand, Spatz claims that it is merely an action on a breach of the…
2Cases cited4 opinions
- Salado College v. DavisTexas Supreme Court · 1877
- Henry v. DavisMassachusetts Supreme Judicial Court · 1877
- D. M. Osborne & Co. v. EhrhardSupreme Court of Kansas · 1887
- Young v. CourtneySupreme Court of Louisiana · 1858
3Cited by5 opinions
- Dendy v. RussellSupreme Court of Kansas · 1911
- Lake v. HargisSupreme Court of Kansas · 1910
- Geijsbeek v. MartinColorado Court of Appeals · 1915
- Bankers Investment Co. v. ButtsSupreme Court of Kansas · 1929
- Geijsbeek v. MartinColorado Court of Appeals · 1915