Emerson-Brantingham Implement Co. v. Willhite

Citations

• 102 Kan. 56
• 169 P. 549
• 1917 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Pleadings—Demurrer. Parts of an answer to a petition in an action in replevin examined, and no prejudice disclosed in overruling a demurrer thereto.</p> <p>2. Same — Chattel-mortgage Sale — Bight of Possession. Where possession of personal property is demanded in an action in replevin, it is immaterial whether the right of possession is claimed by the mort- ' gagee under his chattel mortgage or. under his purchase of the property at a sale pursuant to the conditions of the chattel mortgage.</p> <p>3. Sale — Threshing Machine — Note and Mortgage — Breach of Warranty —Rescission. Where a machine is sold by a vendor subject to a guaranty that it will perform the work for which it was purchased by the vendee, and promissory notes are given in payment therefor, which notes are secured by a chattel mortgage on the machine and other property, a complete and total failure of the machine to perform the work for which it was purchased justifies a prompt return of' the property and a rescission of the contract and effects an extinguishment of the chattel mortgage.</p> <p>4. Same — Breach of Warranty — Rescission,—Return of Property. The facts relating to a return of a threshing machine which had proved altogether worthless for the purpose for which it was bought, examined, and held that there was a substantial compliance with the contract provisions as to the place to which it was to be returned.</p> <p>5. Sale — Written Contract — Fraud and Misrepresentation — Parol Evidence. The question of the competency of parol evidence to show fraud and misrepresentation in procuring signatures to a short and simple written instrument, waiving guaranties of an earlier contract between the parties, examined but undecided, it being held unnecessary for the determination of the present appeal.</p> <p>6. Same — Effect of New Contract of Conditional Sale. The facts relating to an agreement to make a second test of a machine’s usefulness, after a