Frick Co. v. Falk
Supreme Court of Kansas
Error from Edwards District Court. Achon to recover upon a promissory note. Judgment for the defendants, Falk and another, at the May term, 1889. The plaintiff Company comes here. The opinion states the facts. The warranty is as follows: “That it is manufactured of good material, and good workmanship, and by proper management it will perform well.” The conditions were, that if there was any defect notice was to be given within 10 days. The notice was not given.
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Error from Edwards District Court. Achon to recover upon a promissory note. Judgment for the defendants, Falk and another, at the May term, 1889. The plaintiff Company comes here. The opinion states the facts. The warranty is as follows: “That it is manufactured of good material, and good workmanship, and by proper management it will perform well.” The conditions were, that if there was any defect notice was to be given within 10 days. The notice was not given. The only possible defect that could be claimed for on account of the pinion failing to mesh deep enough in the cogs would be on…
1Opinion of the Court
*646The opinion of the court was delivered by
Johnston, J.:
On January 5,1885, Falk Bros, purchased from the Frick Company an Eclipse steam engine for $1,320, for the price of which they executed three promissory notes in the sum of $440 each, payable, respectively, December 1, 1885, December 1, 1886, and December 1, 1887. It was sold subject to a warranty, in which it was agreed that it was manufactured of good material, of good workmanship, and by proper management would perform well, if the rules and directions furnished by the manufacturers were intelligently followed. If it failed to operate…
2Cases cited1 opinion
- Halstead Lumber Co. v. MurphySupreme Court of Kansas · 1891
3Cited by13 opinions
- Atkinson v. KirkpatrickSupreme Court of Kansas · 1913
- Wilson v. National Refining Co.Supreme Court of Kansas · 1928
- Cedar Rapids & Iowa City Railway & Light Co. v. Sprague Electric Co.Illinois Supreme Court · 1917
- Holly v. City of NeodeshaSupreme Court of Kansas · 1912
- Winfrey v. Galena Automobile Co.Supreme Court of Kansas · 1923
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