Caley v. Mills

Citations

• 79 Kan. 418
• 100 P. 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts—Anticipatory Breach—Damages. Where a party to an agreement for the sale of personal property, before the time for performance arrives, expressly refuses to perform it, the promisee may treat such renunciation as a breach and at once bring an action therefor.</p> <p>2. -Refusal to Perform — Evidence — Conclusiveness of ■Findings. The finding of the jury that á party did so refuse to perform his agreement, if sustained by competent evidence and approved by the district court, can not be set aside in this court merely because there was evidence to the contrary.</p> <p>3. Variance—Immaterial Error. A judgment can not be reversed for an immaterial variance between the pleading and the proof which has not misled the complaining party to his prejudice. ■ -</p>