Fairbanks, Morse & Co. v. Farmers Union Elevator Co.

Citations

• 110 Kan. 772
• 205 P. 367
• 1922 Kan. LEXIS 149

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Machinery ¡or Grain Elevator — Contract Not Made or Authorised by Defendant. A building contractor entered into a written contract with the defendant to build a grain elevator and equip it with certain machinery for a stated price. The contractor gave an order to the plaintiff for the machinery, signing the defendant’s name thereto, by himself. The plaintiff endeavored unsuccessfully to get defendant to assume liability for the payment for the machinery. Defendant wrote plaintiff stating that'it had agreed to pay the contractor for the building and equipment and would be ready to take up the bills as they came. Notwithstanding this, plaintiff afterwards shipped the machinery consigned to defendant, who paid the freight and turned the machinery over to the contractor. Defendant paid out on claims against the building the full contract price. In an action to recover the price of the machinery, held, under the circumstances and the facts about which there is no dispute, defendant was not liable to plaintiff.</p>