Cox v. Denton

Citations

• 104 Kan. 516
• 180 P. 261
• 1919 Kan. LEXIS 304

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Sale of Cattle — Letter of Inquiry — Not an Offer to Sell. A letter written by one of three partners, at the dictation of his associates, inquiring, “Do you want to buy 240 good cattle,” etc., describing, locating and pricing them and giving terms, and concluding, “Phone me at Wichita,” etc., is not an offer to sell, subject to acceptance, but merely an inquiry to arouse the interest of the person addressed, in the hope or expectation that preliminary negotiations and an eventual bargain may be made.</p> <p>2. Same — Partnership—Authority of One Partner to Bind His Associate Partners. A well-recognized exception to the rule that one partner may bind his associates in the partnership, on matters relating thereto, is that one partner cannot so bind the partnership in a contract when the other contracting party is fairly and fully informed that there are other partners interested in the transaction and that they object and will not assent thereto.</p> <p>8. Same — Damages — Insufficient Evidence ■— Demurrer Properly Sustained. The evidence to support an action of damages for the breach of an alleged contract, examined, and held that a demurrer to such evidence was properly sustained.</p>