Hazelwood v. Suiter

Citations

• 111 Kan. 10
• 205 P. 1038
• 1922 Kan. LEXIS 160

Syllabus

<p>syllabus by the court.</p> <p>1. Execution Sale — Defective Notice of Sale — Purchaser Chargeable with Notice of Defect — Conversion. A husband who clerked for his wife in her store brought an action in her name, or managed one thus brought, and a judgment was recovered and certain grain levied on. Instead of the required ten days’ notice only nine days’ notice was given before the sale, at which the husband bought the property. In an action by him for conversion against the landlord on whose farm the grain was raised the defendant was prevented from attacking the validity of the sale, on the ground that the plaintiff was an innocent purchaser. Held, error.</p> <p>2. Conversion — Measure of Damages — Instructions. In an action in conversion involving a crop of growing grain the jury should be given the measure of damages and evidence should be required as to the cost of putting such crop in shape for market.</p>