Foote v. Wilson

Citations

• 104 Kan. 191
• 178 P. 430
• 1919 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Stock of Merchandise — Representations—Statement of Fact. A statement made to the buyer by the seller of a stock of merchandise, that the goods were salable, was a statement of fact, salable being the equivalent of merchantable, which means, in such a transaction, fit for sale in usual course of trade, at usual selling prices.</p> <p>2. Same. A statement made to the buyer by the seller of a stock of merchandise, that the goods would invoice at from $9,000 to $11,000, was a statement of fact, and not a mere expression of opinion respecting value.</p> <p>8. Same — inspection—Buyer’s Right to Rely on Statements Made. The buyer might rightfully rely on the statements referred to, although the stock of merchandise was freely and fully exposed to his inspection and he did make a partial inspection.</p> <p>4. Same — Statements of Facts — Warranties. Statements of material facts of the kind referred to, which tend to induce a sale of goods, and which are relied on by the buyer, are, for all practical legal consequences, warranties.</p>