DeMerritt v. Forbes Milling Co.

Citations

• 114 Kan. 62
• 216 P. 1086
• 1923 Kan. LEXIS 18

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Sale—Cleaning Attachment to Steam Boiler — Time in Which Cleaner Might Be Tested — No Notice of Dissatisfaction Given. Where a contract for the sale of-a cleaning attachment to a steam boiler allowed the buyer sixty days after it was installed in which to make a trial of its effectiveness, installation is held to have been complete when the cleaner was affixed to the boiler, although by reason of the plant not being operated no test of it was made until later.</p> <p>2. Same — No Error in Instructions Refused. In an action upon a written contract it is held that no error was committed in failing to instruct that under a contract for written notice an oral notice might be sufficient, or in withholding from the jury the issues of fraud and oral warranty.</p>