Harris v. Lynn
Supreme Court of Kansas
Error from, Cowley District Court. Action brought by Harris against Lynn, for an alleged breach of an implied warranty in the sale of an Quitman vibrator threshing machine, with the horse power and appurtenances belonging thereto, by the defendant to the plaintiff. Trial at the December Term, 1880, of the district court, and judgment for defendant. The plaintiff brings the case here.
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Error from, Cowley District Court. Action brought by Harris against Lynn, for an alleged breach of an implied warranty in the sale of an Quitman vibrator threshing machine, with the horse power and appurtenances belonging thereto, by the defendant to the plaintiff. Trial at the December Term, 1880, of the district court, and judgment for defendant. The plaintiff brings the case here. The facts appear in the opinion. 1. The principal question presented by this case is, whether the rule of caveat emptor applies to a mortgagee’s sale of personal property; for if it does, the ruling of the…
1Opinion of the Court
The opinion of the court was delivered by
VALENTINE, J.:
This was an action brought by Christopher C. Harris, the plaintiff in error, against J. B. Lynn, the defendant in error, on an alleged breach of an implied warranty in the sale of certain personal property. The fol*284lowing is a summary of the principal facts stated in the plaintiff’s petition:
On January 1, 1877, William C. Bartlow mortgaged to Lynn, under the name of J. B. Lynn & Co., certain personal property to secure the payment of a debt of $171.78, which Bartlow owed to Lynn, and which was to become due in sixty days from that date.…
2Cases cited2 opinions
- Chamberlain v. MartinNew York Supreme Court · 1865
- Ballou v. CunninghamNew York Supreme Court · 1871
3Cited by11 opinions
- Watkins v. LaytonSupreme Court of Kansas · 1958
- Reynolds v. SmithSupreme Court of Kansas · 1882
- Great Northern State Bank v. RyanCourt of Appeals for the Eighth Circuit · 1923
- J. I. Case Threshing MacH. Co. v. RennieSupreme Court of Oklahoma · 1918
- City of Guthrie v. SwanSupreme Court of Oklahoma · 1895
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