J. B. Ehrsam & Sons Manufacturing Co. v. Jackman
Supreme Court of Kansas
Error from Ottawa district court; Rollin R. Rees, judge. STATEMENT. The plaintiff manufactures and erects mill machinery, and the defendant owns a flour-mill. The petition contains three counts. The first one pleads a contract whereby the plaintiff undertook to furnish and set up certain machinery for defendant’s mill for a price which the defendant agreed to pay.
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Error from Ottawa district court; Rollin R. Rees, judge. STATEMENT. The plaintiff manufactures and erects mill machinery, and the defendant owns a flour-mill. The petition contains three counts. The first one pleads a contract whereby the plaintiff undertook to furnish and set up certain machinery for defendant’s mill for a price which the defendant agreed to pay. Performance by the plaintiff, is alleged, credit is allowed for payments made, and the balance of the contract price is demanded, together with' the foreclosure of a lien upon the mill property which the defendant perfected. The…
1Opinion of the Court
*443The opinion of the court was delivered by
Burch, J.:
The chief controversy is over the meaning of the contract. The plaintiff says that although the contract provides for a mill of a given capacity no test is prescribed by which that capacity is to be ascertained; that an actual test with the kind of wheat described in the contract is not necessary, and that such capacity may be proved by any competent evidence, citing Kinnard v. Stanley, 70 Kan. 770, 79 Pac. 661, and Edward P. Allis Co. v. Columbia Mill Co., 65 Fed. 52, 12 C. C. A. 511.
The contract expressly provides that when the machinery is…
2Cases cited3 opinions
- Hoffman v. Independent District of HamptonSupreme Court of Iowa · 1895
- Edward P. Allis Co. v. Columbia Mill Co.Court of Appeals for the Eighth Circuit · 1894
- Kinnard Press Co. v. StanleySupreme Court of Kansas · 1905
3Cited by6 opinions
- Wesley v. DiamondSupreme Court of Oklahoma · 1910
- Mosher v. Kansas Coöperative Wheat Marketing Ass'nSupreme Court of Kansas · 1932
- Nance v. MullikinSupreme Court of Kansas · 1930
- Montgomery v. SlaterSupreme Court of Kansas · 1912
- Weiner v. Wilshire Oil Co.Supreme Court of Kansas · 1964
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