Hawkins v. Windhorst

Citations

• 82 Kan. 522
• 108 P. 805
• 1910 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negotiable Instruments — Consideration — Mutual Promises — ■ Bank Check Given by a Purchaser — Refusal to Accept Delivery. The mutual and concurrent promises of parties in the sale and purchase of cattle, wherein a check is given by the purchaser as a partial payment for the cattle sold, constitute sufficient consideration for the check; and when an action is brought by the payee against the drawer on the protested check the drawer can not defend on the ground that no cattle were received by the purchaser, when it appears that the cattle were tendered to him and that the nondelivery of them was due to the failure of the purchaser to perform his part of the agreement.</p>