Bauman v. McManus

Citations

• 79 Kan. 766
• 101 P. 478
• 1909 Kan. LEXIS 279

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales—Order Reserving Right to Cancel—Time. Where a merchant orders goods to be shipped at a stipulated future date and reserves the right in such order to change or cancel it, and the time within which such right shall be exercised is not fixed, it must be done within a reasonable time.</p> <p>2. ■—■——■ Cancelation of Order—Reasonable Time. What constitutes a reasonable time in such a case is a question of law if the facts and circumstances surrounding the transaction are undisputed. If not undisputed, it is a question of fact proper to be submitted to a jury. They can not be said to be undisputed when of such a character that different minds might reach different conclusions therefrom.</p>