Geo. O. Richardson Machinery Co. v. Brown

Citations

• 95 Kan. 685
• 149 P. 434
• 1915 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Threshing Machine — Warranty Made to Third Party— Liability of Vendor. The seller of an article may be liable upon a warranty of its quality made to another than the purchaser, who is interested in it, and who becomes a surety for the payment of a part of the purchase price.</p> <p>2. Same — Elements of Damage Recoverable. Where the agent of the company selling a threshing machine warrants to a farmer that it will do good work, and thereby induces him to give his note to the buyer, in order that it may be at once endorsed to the company as security for the purchase price,</p> <p>the maker of the note may recover against the company any damages resulting to him from the defective working of the machine, amounting to a breach of warranty, while in use by the buyer in threshing his grain. His remedy is not limited to defeating the payment of the note.</p> <p>3. Same — Using Machine after Discovering Defects- — Not Precluded from Recovery. It can not be said as a matter of law that one who permits a defective machine to be used for a week in threshing his wheat is thereby precluded from recovering, under a warranty of its work, all damages resulting during that time from its defective operation, where efforts were continually made to improve its condition, and where on the third day from the last the warrantor made some repairs, resulting in a good effect, which proved only temporary.</p>