Brewster State Bank v. Johnson

Citations

• 103 Kan. 300
• 176 P. 133
• 1918 Kan. LEXIS 251

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Conditional Sale — Bull Tractor — Failure of Condition — Question of Fact for Jury. The verified answer and cross petition averred that the note sued on was given for a tractor on condition that the tractor should work successfully, and that it failed so to work. The evidence of the defendant, on whom the burden of proof was placed, tended to support such averment. A demurrer to this evidence was sustained, and judgment was rendered for the plaintiff without submitting the matter to the jury. Held, error.</p>