Graff v. D. M. Osborne & Co.
Supreme Court of Kansas
Error from Sumner District Cou/rt. D. M. Osbokne & Co. sued Graff on a verified account for binding twine sold and delivered, and demanded judgment for $1,611.30 and interest.
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Error from Sumner District Cou/rt. D. M. Osbokne & Co. sued Graff on a verified account for binding twine sold and delivered, and demanded judgment for $1,611.30 and interest. Graff filed a long answer, alleging in substance that the twine was bought by sample from the agent of the plaintiff; that it was expressly warranted to be of the best quality; that a part of the twine delivered corresponded with the sample and complied with the warranty; but that 14,020 pounds was wholly unfit for the purpose for which it was purchased. The defendant claimed damages in a large sum on account of the…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.: The view we take of this case renders it unnecessary to consider the subject of implied warranties, so fully and ably discussed in the briefs. The rights of the parties were fixed by the written contract and the two letters read in evidence. If the description of the article sold were to be taken solely from the contract of March. 27, 1889, the plaintiff might find it somewhat difficult to prove that it had ever delivered silver binding twine. Of course, none of the parties to the agreement understood that there was to be any silver in the…
2Cited by9 opinions
- Francis v. Shawnee Mission Rural High SchoolSupreme Court of Kansas · 1946
- Bankers Mortgage Co. v. DoleSupreme Court of Kansas · 1930
- T. H. Rogers Lumber Co. v. M. W. Judd Lumber Co.Supreme Court of Oklahoma · 1915
- Wilson v. Sunnyside Orchard Co.Idaho Supreme Court · 1921
- J. Rosenbaum Grain Co. v. Pond Creek Mill & Elevator Co.Supreme Court of Oklahoma · 1908
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