Legal Opinion

Nixa Canning Co. v. Lehmann-Higginson Grocer Co.

Supreme Court of Kansas

Decided January 7, 1905No. 13,908PublishedCited by 15 opinions

Error from Sedgwick district court; David M. Dale, judge.

1Opinion of the Court

*665The opinion of the court was delivered by

Mason, J. :

The Lehmann-Higginson Grocer Company sued the Nixa Canning Company on a claim that a quantity of canned apples purchased by the former from the latter under an implied warranty of merchantability had proved worthless. Plaintiff recovered a judgment which defendant seeks by this proceeding to reverse. The trial court made detailed findings of fact, which generally tended to support the plaintiff’s claim, and held the defendant liable for a breach of warranty.

The principal question presented on review is whether, under the findings, the law…

2Cases cited3 opinions

  1. Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
  2. Copas v. Anglo-American Provision Co.Michigan Supreme Court · 1889
  3. Price v. KohnAppellate Court of Illinois · 1901

3Cited by15 opinions

  1. Commissioner of Corporations & Taxation v. Assessors of BostonMassachusetts Supreme Judicial Court · 1947
  2. Assessors of Boston v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1949
  3. Kansas City Wholesale Grocery Co. v. Weber Packing Corp.Utah Supreme Court · 1937
  4. Kaull v. BlackerSupreme Court of Kansas · 1920
  5. American Tank Co. v. Revert Oil Co.Supreme Court of Kansas · 1921

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