Auto-Fedan Hay Press Co. v. Ward

Citations

• 89 Kan. 218
• 131 P. 595
• 1913 Kan. LEXIS 45

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Warranty — Breach — Rescission of Contract — Reasonable Time. Where a farm implement is purchased under a warranty including a provision that if it does not work satis-, factorily the purchaser shall notify the seller, who may send an expert to adjust it, and if the seller’s expert or agent fails to make it work satisfactorily the seller shall take it back and refund the purchase price, if paid; held, that the purchaser must test the machine fairly, and if it does not comply with the contract must give the required notice, and if the seller fails to make it work satisfactorily the purchaser must return the machine within a reasonable time.</p> <p>2. - Same. What constitutes such reasonable time is a question of fact to be determined from all the circumstances of the case.</p> <p>3. - Whether Press Was as Warranted — Question- of Fact. If, at the time of this transaction, hay presses of different sizes and designed to make different sized bales of hay were in use, and if the hay press in question was of a smaller size and designed to make smaller bales than some of the others but worked satisfactorily in making the bales it was designed to make, there was no breach of warranty if the press required more power when used to make larger bales.</p>