Fortney v. Collins

Citations

• 108 Kan. 829
• 196 P. 1072
• 1921 Kan. LEXIS 278

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale of Oil Stock — Written Contract — Buyer’s Right to Rescind Sale— Issue -of Fact for. Jury. Upon the sale of oil stock it was agreed that at the end of ninety days the seller would offer to return the purchase money and if the buyer elected to take it he should surrender the stock. Ten months after the expiration of the ninety days the buyer sued the seller for the recovery of the money he had paid. There was evidence that when the time was up the seller tried to find the buyer but was unable to do so; that the buyer, although knowing the seller’s address, sent him no word regarding the matter. The court directed a verdict for the plaintiff. It is held that the fact that the seller had not offered to return the money was not fatal to his case and the matter should have been submitted to the jury. ‘ •</p>