Acme Iron Co. v. Henneberry Co.

Citations

• 103 Kan. 647
• 175 P. 986
• 1918 Kan. LEXIS 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Privilege of Testing Machine ■— Right to Rescind Forfeited. Where machinery was purchased upon a written contract providing for a sixty days’ trial test, and providing that if the machinery was satisfactory the purchaser would honor a sight draft for the price in sixty days from the installation of the machinery, and providing that if the machinery was not satisfactory the purchaser would notify the seller in writing so that the latter might have an opportunity to make it satisfactory, and where no intimation of dissatisfaction was given within the sixty days, the obligation to pay became absolute, and an extension of time for trial test could only be effected by a further agreement between the parties upon a valid consideration.</p> <p>2. Same. A request for further time to make a trial test of the machinery, written after the period for trial test had expired, cannot be construed as a notice of dissatisfaction.</p> <p>3. Same — Judgment for Plaintiff Directed. The controlling facts examined, and held to require that judgment for plaintiff be ordered.</p>