Warner v. Thompson
Supreme Court of Kansas
Error from, McPherson District Court. On May 26, 1883, the following order or agreement was signed: “H. H. Warner, please consign one Mosler O. Bahman fireproof safe, size inside, 22 inches high, 17 inches wide, 12 inches deep, to M. A. Thompson, town of McPherson, county of McPherson, state of Kansas.
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Error from, McPherson District Court. On May 26, 1883, the following order or agreement was signed: “H. H. Warner, please consign one Mosler O. Bahman fireproof safe, size inside, 22 inches high, 17 inches wide, 12 inches deep, to M. A. Thompson, town of McPherson, county of McPherson, state of Kansas. The undersigned is to take possession of safe taken in exchange from Loomis Bros, on arrival of their new safe, and agrees to pay $30 for the same, fifteen dollars on delivery or consignment of safe, with interest at 8 per cent, for balance, which is due in three months; undersigned takes above…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
1- tieconstrued by court. It is alleged that the court erred in sustaining the demurrer filed by plaintiff below to the third defense set up in the answer of defendant. We think not. The order or contract provided that the defendant was to take possession of the old safe accepted in exchange from Loomis Bros., on the arrival of the new safe. The third defense interpolated in the contract, after the word “arrive,” “and acceptance.” The defendant cannot be permitted x . . to give his own construction oi the contract by adding other words.…
2Cases cited1 opinion
- Thompson v. WarnerSupreme Court of Kansas · 1884
3Cited by7 opinions
- G. S. Johnson Co. v. N. Sauer Milling Co.Supreme Court of Kansas · 1938
- Central Mortgage Co. v. Michigan State Life Ins. Co.Supreme Court of Oklahoma · 1914
- Frazier v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1916
- Royer v. Western Silo Co.Supreme Court of Kansas · 1916
- Getto v. BinkertSupreme Court of Kansas · 1895
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