Alton Mercantile Co. v. Booth Packing Co.

Citations

• 103 Kan. 412
• 173 P. 1074
• 1918 Kan. LEXIS 281

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — For Sale of Goods — Refusal to Deliver — Modification of Contract — Action for Breach. Where an order for the sale of goods on time is accepted, but the vendor thereafter refuses to fill it except for cash, offering, however, a discount corresponding to the difference in time of payment, the buyer cannot refuse such offer and buy elsewhere, looking to the vendor for the difference in price, where the negotiations of the parties subsequent to the refusal to give credit resulted in an agreement to all the details of a cash sale, except that while the buyer tendered his check in exchange for a bill of lading of the goods, the vendor refused to ship them unless the check should be certified.</p>