Western Tractor Equipment Co. v. Ayers

The opinion of the court was delivered by

Mason, J.:

The Western Tractor Equipment Company sued Frank W. Ayers for damages resulting from his refusal to accept two threshers for which he had given a written order. He answered undertaking to set out a breach of the contract by the plaintiff and fraud in procuring its execution. A demurrer to the answer was sustained and the defendant appeals.

The order was obviously made by filling in the blanks of a printed form. It.read:

“WESTERN TRACTOR & EQUIPMENT CO.

Kansas City, Mo.

No. Date 3/

Charge to Frank W. Ayers Ship to Do

City or Town, Ludell, Ks. City…