Ehrsam v. Brown

Citations

• 76 Kan. 206
• 91 P. 179
• 1907 Kan. LEXIS 239

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Implied Warranty as to Fitness. Where a known, described and specified article is sold by a dealer under a contract to be executed by delivery of the specified article, which is actually supplied to the buyer, there is no implied warranty that it shall answer the particular purpose intended by the buyer, although such purpose is communicated to the dealer beforehand.</p> <p>2. :-- Implied Warranty against Latent Defects. Where a dealer contracts to deliver to a purchaser at an agreed price a known, described and specified article, manufactured generally for the trade, there is no implied warranty against . latent defects of which the dealer has no knowledge.</p> <p>3. - Machinery — Warranty. /The defendant, owner of a flouring-mill, gave a written order to plaintiffs for the purchase at an agreed price of certain machines for use in his mill, described and known as “Wolf gyrators,” which order ■ was accepted in writing, and the machines were shipped direct from the manufacturers to defendant. Plaintiffs were not manufacturers of the machines, but dealers. They knew the particular purpose for which the machines were ordered, , but had no opportunity to inspect them until after delivery, and had no knowledge of latent defects. Held, that there was no implied warranty that the machines would answer the particular purpose for which they were purchased, and no implied warranty against latent defects in their construction.</p>