American Tank Co. v. Revert Oil Co.

Citations

• 108 Kan. 690
• 196 P. 1111
• 1921 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — For Construction of Oil Tank — Implied Warranty. A tank company which, under contract with an oil company, furnishes material and labor and constructs a 1,600-barrel tank for the storage of oil on the oil company’s premises, impliedly warrants that the tank shall be reasonably fit for the purpose for which it was sold.</p> <p>2. SAME' — Breach of Warranty — Action for Damages — Negligence of Warrantor Not an Issue. In an action for damages for breach of such a warranty, negligence of the manufacturer is not an issue, and it is no defense that the tank company used reasonable care in selecting material for the tank and in constructing it.</p> <p>.3. Same — Action for Damages for Breach of Warranty■ — ■Evidence of Behavior of Other Tanks of Same Class. In an action for damages resulting from negligent construction of such a tank, comparative evidence sustaining and refuting the charge of negligence should be confined to behavior of tanks of the same class, produced by the same manufacturer.</p>