Ely v. Wichita Natural Gas Co.

Citations

• 100 Kan. 441
• 165 P. 284
• 1917 Kan. LEXIS 344

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Purchase of Gas — Gas Not “Merchantable” — Refusal to Accept. The rights of one who had contracted to purchase certain gas, but .refused to accept that which was tendered on the ground that it did not conform to the requirements, held not to be affected by his refusal to sign a writing authorizing the seller to dispose of it elsewhere.</p> <p>2. Same — Federal Constitution Not Violated. A decision that gas tendered under a contract was not merchantable within the meaning of that term as there employed held not to involve a violation of the 14th •amendment to the federal constitution.</p>