Advance-Rumely Thresher Co. v. Nelson

Citations

• 105 Kan. 517
• 184 P. 982
• 1919 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Silage Cutter — Written Contract — No Implied Warranty as to Fitness. Where the written terms of a dealer’s contract and order provided that a machine which was sold thereunder was expressly warranted to do good work when properly set up and adjusted, an issue cannot be raised on an alleged implied warranty touching the fitness of the machine for the use to which it was designed.</p> <p>2. Same — No Implied Warranty — Answer States No Defense. The allegations pleaded in an answer to a petition in an action for the agreed price of. a silage cutter sold to defendants, who were dealers in farming machinery, examined, and held to state no defense; and also held, that plaintiff was entitled to judgment on the pleadings.</p>