Cox v. Chase

Citations

• 95 Kan. 531
• 148 P. 766
• 1915 Kan. LEXIS 250

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Pasturing Cattle — Duty to Supply Water. A contract to pasture certain cattle during the season in a named pasture, which the owners of the cattle had never seen, implied an agreement to supply water as well as grass.</p> <p>2. Same — Under the contract in question the plaintiff owner is held for ordinary care to keep such pasture supplied with water, and to give the defendants timely notification in case of its failure.</p> <p>3. Same — Ordinary Care — Question for Jury. Such ordinary .• care was a question for submission to the jury upon competent evidence under proper instructions.</p> <p>4. Pasturing Cattle — Failure of Water — Measure of Damages. Failure of water rendered the pasture valueless and worked a failure of consideration which, together with any damage properly shown, should be deducted from the contract price of the pasturage for the season.</p>