American Electric Telephone Co. v. Emporia Telephone Co.

Citations

• 83 Kan. 64
• 109 P. 780
• 1910 Kan. LEXIS 471

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Manufacturer — Implied Warranty. A sale by a manufacturer of a certain kind of telephones made in the usual course of business for the general trade does not carry with it an implied warranty that the telephones will meet the purposes and expectations of the buyer.</p> <p>.2. - Sale on Approval — Retention beyond Specified Time, without Complaint or Offer to Return. Where a sale of an article was made on sixty days’ approval, in which the buyer was given the right to return it if at the end of that time it failed to give efficient service, but if it proved efficient the buyer was to accept and pay for it at a stipulated price, the retention and use of the article for more than a year, without complaint, no return of or offer to return it having been made, justified a recovery of the contract price of the article by the seller.</p>