Clement v. Field

Citations

• 147 U.S. 467
• 13 S. Ct. 358
• 37 L. Ed. 244
• 1893 U.S. LEXIS 2174

Syllabus

<p>In pansas, in an action of replevin to enforce a chattel mortgage of a machine sold to the defendant by the plaintiff, and mortgaged back to secure the purchase money, the defendant may set up, as a defence, failure of the machine to do the work guaranteed and damage to him from delay in the delivery; and. if the jury pass upon these issues, the judgment on tlnjir verdict is a bar to a subsequent action by the purchaser of the machine against the vendor, to recover damages for such failure and such delay.</p> <p>Gardner v. Bisher, 35 Kansas, 93, distinguished from Bennett v. Biekél, 41 Kansas, 211.</p>