Bauman v. McManus
Supreme Court of Kansas
Error from Harvey district court; Peter J. Galle, judge. STATEMENT. J. P. Bauman & Sons, a partnership, are wholesale merchants doing business in New York City. McManus Brothers, also á partnership, are merchants doing business at Newton, Kan.
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Error from Harvey district court; Peter J. Galle, judge. STATEMENT. J. P. Bauman & Sons, a partnership, are wholesale merchants doing business in New York City. McManus Brothers, also á partnership, are merchants doing business at Newton, Kan. Oh November 12, 1903, a traveling salesman of Bauman & Sons called upon McManus Brothers at their place of business and received an order from them for a bill of goods, amounting to the sum of $354.64. The order was to be filled and shipped March-1, 1904. The purchaser reserved the right to change or cancel the order, but no time for the exercise of…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
It is insisted by the plaintiffs that, Mc-Manus Brothers having reserved the right to cancel the order and no time having been fixed by the contract within which this right should be exercised, they were bound to do so within a reasonable time. It is further urged that what constitutes a reasonable time in this case is a question of,law, and the court committed material error by submitting it to the jury.
It seems to be conceded that this is a question of law when the facts and circumstances surrounding the transaction are undisputed. But…
2Cited by1 opinion
- Ziegelmeier v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1937