Cincinnati Punch & Shear Co. v. Thompson

Citations

• 72 Kan. 432
• 83 P. 988
• 1905 Kan. LEXIS 369

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Sale■—Disaffirmance by Vendee— Question for a Jury. In an action of replevin of a machine by the vendor, whether the vendee had elected to affirm the contract of purchase and keep the machine, or disaffirm it, was a question of fact; and as the plaintiff’s evidence tended to show a disaffirmance the question should have been submitted to the jury.</p> <p>2. Damages — Breach of Contract — Disaffirmance by Purchaser. One who disaffirms a contract of purchase has no lien on the goods for damages resulting from a breach of the contract.</p>