Evens & Howard Fire Brick Co. v. Tarry

Citations

• 98 Kan. 125
• 157 P. 262
• 1916 Kan. LEXIS 28

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Sewer Pipe — Sold “Subject to Inspection” — No Warranty. Where the facts and correspondence show that a sale of sewer pipe was made “subject to inspection of engineer,” and clearly show that there was no warranty, a finding that the sewer pipe was sold with an oral and written warranty that the articles would pass inspection can not be sustained.</p> <p>2. Same — Damages. Where g'oods are sold subject to inspection, the vendor is not liable for damages occasioned to the vendee because such goods do not meet with approval on inspection.</p> <p>3. Sam:e — Sewer Pipe — Sold “Subject to Inspection” — Elements of Damages. Where sewer pipe is sold subject to inspection, and part of it is approved on inspection, and part of it which was disapproved on inspection is used by the vendee elsewhere, and part of it is sold and the remainder is retained by the vendee, the approved pipe must be paid for at the agreed purchase price, the pipe used elsewhere must likewise be paid for after deducting a reasonable charge for its transportation to the place where it was used, the pipe sold by vendee must be accounted for, and the remaining pipe retained by the vendee must be paid for at what it is reasonably worth.</p>