Brumley v. Thompson

Citations

• 106 Kan. 67
• 186 P. 986
• 1920 Kan. LEXIS 453

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Motion to Petition Overruled — No Error. It is not reversible error to overrule a motion to make a petition more definite and certain, where the petition • fully informs the defendant of the plaintiff’s cause of action.</p> <p>2. Sale — Corn—Partial Breach of Contract — Measure of Damages. “In an action by the buyer against the seller for breach of contract for the delivery of corn, the. measure of damages is, as a general rule, the market value of the corn at the time and place of delivery, less the contract price.” (Mercantile Co. v Lusk, 45 Kan. 182, syl. ¶ 1, 25 Pac. 646.)</p>