Hayes v. Cardwell

Citations

• 107 Kan. 556
• 192 P. 757
• 1920 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract ■ — Car Loads of Wheat — Valid Contract Completed. The facts touching the purchase and sale of two carloads of wheat about the time the government control of wheat prices was impending and became effective September 1, 1917, examined, and held that a valid contract of sale between the vendor and purchaser was made between the parties, although the capacity of the carloads was not particularly specified, and although the matter of the capacity was the subject of some correspondence between the parties after the contract was closed.</p> <p>2. Same — Wheat Tendered by Vendor as Per Terms of Contract — Vendee Bound to Accept. When one grain dealer notifies another to whom he has sold two carloads of wheat of no specified capacity, and the vendee on confirmation specifies carloads of 1,000 bushels each, and the vendor promptly notifies the vendee that while an effort will be made to get carloads of that capacity, but the vendee must expect carloads of larger capacity then prevailing in that territory, and the vendee raises no further question or timely objection thereto, the vendee is bound to accept carloads of the larger, prevailing capacity if those are tendered him in conformity with the other terms of the contract.</p> <p>3. Same — Lawful Modification of Original Contract by Agreement. Where a vendee objects to the largeness of the capacity of a carload of wheat lawfully tendered him pursuant to his contract of purchase, the vendor may bind the vendee, by agreement, that the large carload may be sold elsewhere and a smaller carload be procured for the vendee upon a concession of further time for delivery, and such agreement is a lawful modification of the original contract, and with such modification the original contract may be enforced.</p> <p>4. Same — No Unnecessary Delay' of Vendor in Making Sale of Refused Wheat — Measure of Damages. The facts touching the delay of the vendor in effecting a sale of a carload of whea