Hallwood Cash Register Co. v. Dailey

Citations

• 70 Kan. 620
• 79 P. 158
• 1905 Kan. LEXIS 18

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Parties. A defendant that was in default and did not appear and take part in the proceedings in the court below is not a necessary party to the petition in error in this court.</p> <p>2. -Review of Instructions — Brief. Paragraph 3 of rule 10 of this court provides that, when the assigned error relates to instructions given or refused, the instructions shall be set out in full in the brief of the party complaining. A disregard of this rule will prevent a review of alleged errors respecting such instructions.</p> <p>3. Practice, District Court — Rescission of Contract — Finding by Jury. In an action to recover the purchase-price of a cash-register it was a material question whether defendant had used the register for an unreasonable time after discovery of defects in it for which he rescinded the contract and notified the seller. Particular questions of fact were submitted to the jury, requiring them to find how long the purchaser had used the register after discovery of its defects. The jury answered: “We do not know.” Held, that the court erred in not requiring the jury to answer such question specifically, when requested so to do.</p>