Minneapolis Threshing Machine Co. v. Schalansky

Supreme Court of Kansas

Minneapolis Threshing Machine Co. v. Schalansky

137 P. 800, 91 Kan. 432, 1914 Kan. LEXIS 49

CourtSupreme Court of Kansas

DecidedJanuary 10, 1914

DocketNo. 18,561

StatusPublished

This text of 137 P. 800 (Minneapolis Threshing Machine Co. v. Schalansky) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minneapolis Threshing Machine Co. v. Schalansky, 137 P. 800, 91 Kan. 432, 1914 Kan. LEXIS 49 (kan 1914).

Pincite

Opinion

Per Curiam:

The claimed verbal warranty was not submitted to the jury as a basis for recovery. Consideration of this so-called warranty was permitted only as furnishing the occasion for the claimed rescission. If the contract were rescinded, as the defendant claimed, then the plaintiff could not recover. The question of rescission was properly submitted to the'jury as the sole defense to the action. This question was one of fact, and the verdict, which included a finding that the contract was rescinded, is abundantly sustained by the evidence.

There is nothing else in the case, and the judgment of the district court is affirmed.

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Per Curiam:

The claimed verbal warranty was not submitted to the jury as a basis for recovery. Consideration of this so-called warranty was permitted only as furnishing the occasion for the claimed rescission. If the contract were rescinded, as the defendant claimed, then the plaintiff could not recover. The question of rescission was properly submitted to the'jury as the sole defense to the action. This question was one of fact, and the verdict, which included a finding that the contract was rescinded, is abundantly sustained by the evidence.

There is nothing else in the case, and the judgment of the district court is affirmed.

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Bluebook (online)

137 P. 800, 91 Kan. 432, 1914 Kan. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minneapolis-threshing-machine-co-v-schalansky-kan-1914.