Champion Machine Co. v. Mann
Supreme Court of Kansas
Error from Atchison District Court. On the 28th of June, 1881, the defendants in error, who were plaintiffs below, purchased at St. Joseph, Missouri, of J. P. Quigley, manager of the western branch office of defendant company, a Champion harvester and cord binder, and on the same day took it to the farm of one of the defendants, near Troy, Kansas.
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Error from Atchison District Court. On the 28th of June, 1881, the defendants in error, who were plaintiffs below, purchased at St. Joseph, Missouri, of J. P. Quigley, manager of the western branch office of defendant company, a Champion harvester and cord binder, and on the same day took it to the farm of one of the defendants, near Troy, Kansas. At the time of the sale the company made this conditional warranty: “This machine is warranted to be of good material and well made, and if properly operated according to directions, will do good work under all ordinary circumstances, and is…
1Opinion of the Court
Opinion by
Holt, C.:
The defendant complains that there was no return of the machine and no written notice given the company at Springfield, Ohio, as provided for in the warranty. The plaintiffs’ excuse for not returning the machine to St. Joseph, Missouri, was, that Quigley said he would not accept it if it should be returned. Upon conflicting evidence the jury found that Mann offered to return the machine, and Quigley refused to accept it. We are unwilling to disturb that finding. It would have been an idle and fruitless thing to have taken the machine to Quigley at St. Joseph, after the…
2Cases cited1 opinion
- State ex rel. Bradford v. OsbornSupreme Court of Kansas · 1887
3Cited by13 opinions
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- Axford v. GainesNorth Dakota Supreme Court · 1923
- Marion Manufacturing Co. v. HardingIndiana Supreme Court · 1900
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