Fairbanks, Morse & Co. v. Walker

Citations

• 76 Kan. 903
• 92 P. 1129
• 1907 Kan. LEXIS 343

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Sale of Personalty ■ — Rescission. An oil-tank for the storage of oil, as between buyer and seller, is a chattel, and the contract of purchase may be rescinded by the purchaser for failure to furnish one of the kind and quality agreed upon, the same as in the sale of other chattels.</p> <p>2. -Restoring the Status Quo. In such a case the right to rescind, when otherwise existing, will not be denied on the ground that the parties cannot be placed in statu quo, when the purchaser has not received and accepted the tank and the seller has parted with nothing by reason of the sale except the waste of material incident to putting the previously manufactured parts together and the cost of labor in so doing.</p> <p>3. - Same. The rule that upon the rescission of a contract for the purchase of a chattel the parties must be placed in statu quo does not require, in all cases, that an absolute and literal restoration of the parties to their former condition shall be had, but it will be sufficient if such restoration be made as is reasonably possible, and such as the merits of the case demand.</p>