Field v. Kinnear
Supreme Court of Kansas
Error from, Leavenworth County. Tlie charges which the court gave to the jury are as follows: The contract was executory, and. that the plaintiffs, had the right, if the flour did not come up to the quality of the flour contracted for, to examine the same in the usual and ordinary course of their business, and within a reasonable time thereafter, notify the defendant that they would not receive the same under the contract, and return, or offer to return the same.
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Error from, Leavenworth County. Tlie charges which the court gave to the jury are as follows: The contract was executory, and. that the plaintiffs, had the right, if the flour did not come up to the quality of the flour contracted for, to examine the same in the usual and ordinary course of their business, and within a reasonable time thereafter, notify the defendant that they would not receive the same under the contract, and return, or offer to return the same. The measure of damages in this case, is the difference between the market, value of the flour contracted for at Leavenworth, at the…
1Opinion of the Court
*479By the Court,
Kingman, C. J.
In August, 1865, the plaintiff in error made a verbal contract with defendants in error to manufacture and deliver to them 2,000 sacks of flour of a certain superior quality. The flour was to be delivered at the cars at Peoria, Illinois. The flour was manufactured and delivered in lots between the 1st and 20th of September, and arrived in Leavenworth from the 20th to the 30th of September. In October the defendants in error discovered that a portion of the flour was damaged, but gave no notice of the defect to Field till the 20th of December. Field was sued for the…
2Cases cited1 opinion
- Bradstreet v. ClarkeNew York Supreme Court · 1834
3Cited by7 opinions
- Graham v. Bottenfield's, Inc.Supreme Court of Kansas · 1954
- Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1871
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Kaull v. BlackerSupreme Court of Kansas · 1920
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