Aultman, Miller & Co. v. Mickey
Supreme Court of Kansas
JEn'ror from Rooks District Court. Action brought by Aultman, Miller & Co., against L. W. Mickey, on a promissory note for $75. In 1884 the defendant purchased of the plaintiffs a Buckeye low-down self-binder, agreeing to pay therefor $225, and executed three notes of $75 each, payable in January, 1885, 1886, and 1887, respectively. The first note was paid when due. This suit was brought on the second note after refusal of payment.
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JEn'ror from Rooks District Court. Action brought by Aultman, Miller & Co., against L. W. Mickey, on a promissory note for $75. In 1884 the defendant purchased of the plaintiffs a Buckeye low-down self-binder, agreeing to pay therefor $225, and executed three notes of $75 each, payable in January, 1885, 1886, and 1887, respectively. The first note was paid when due. This suit was brought on the second note after refusal of payment. Judgment injustice’s court in favor of the defendant; plaintiffs appealed. Trial in the district court at the December term, 1886, and verdict and judgment for the…
1Opinion of the Court
*349Opinion by
Clogston, C.:
This was an action brought upon a note given as a part payment of the purchase-price of a harvester sold by the plaintiffs to the defendant.' The record shows that it was sold on a verbal warranty, by the terms of which it was warranted to be of good material and to do good work. No provision was made for notice in case of defect, or for its return provided it failed to give satisfaction. In the absence of such requirements it was the duty of the purchaser to give the harvester a fair and reasonable trial; and then, if not satisfied, to return it and rescind the…
2Cases cited2 opinions
- P. Weybrich & Co. v. HarrisSupreme Court of Kansas · 1883
- Warder v. FisherWisconsin Supreme Court · 1880
3Cited by5 opinions
- Hull v. Prairie Queen Manufacturing Co.Supreme Court of Kansas · 1914
- Aultman & Taylor Machinery Co. v. SchierkolkSupreme Court of Kansas · 1915
- Francis v. BrockSupreme Court of Kansas · 1909
- Wood v. Union Pacific RailroadSupreme Court of Kansas · 1913
- Badger Lumber Co. v. MartinSupreme Court of Kansas · 1910