Harper v. Earl Fruit Co.

Citations

• 100 Kan. 6
• 163 P. 803
• 1917 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Fruit—Subject to Inspection — No Implied Warranty. On a sale of a carload of fruit subject to inspection and acceptance, if acceptance follow inspection, there is no implied warranty that the fruit was in good condition and merchantable, and the full price must be paid.</p> <p>2. Same — Spoiled Fruit — No Agreement to Pay Dmmges. Oral negotiations between a buyer of fruit, accepted and paid for after inspection, and the seller’s agent, considered, and held to contain no agreement on the part of the agent for an allowance to the buyer of any sum on account of spoiled fruit.</p>