Hickman v. Richardson

Citations

• 92 Kan. 716
• 142 P. 964
• 1914 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Stallion—Written Guaranty — Provisions for Return upon Breach of Guaranty — Purchaser in Default — Failure to Return Stallion. A stallion was sold under a written guaranty that under certain conditions he should be a satisfactory and sure breeder; if he failed, and if he was returned to the seller within a specified time in as sound and healthy condition as at the date of the contract, the seller agreed to take him back and the purchasers agreed to accept another stallion of equal value. Held, that it was competent for the parties to agree how the purchasers should take advantage of any breach of warranty and what the rights of the parties should! be in case the horse proved unsatisfactory; that the warranty was-exclusive, and the buyers having failed to return the horse in accordance with the provisions of the contract, they are precluded from relying upon the breach of warranty.</p> <p>2. Same — Promissory Note — Evidence of Contemporaneous Verbal Agreement Incompetent. In an action upon a promissory note given for the purchase price of a stallion sold under such an exclusive warranty, the answer alleged that at the time the written agreement was entered into the defendants were dissatisfied with its terms and objected to the time fixed within which the horse should be returned in case he should not prove satisfactory, and that it was then verbally agreed between the buyers and the seller that in case there were not colts enough foaled within the specified time so that defendants could determine whether the stallion was satisfactory, the seller would extend the time in which complaint should be made and the horse returned. Held, error to permit the defendants to offer evidence of such contemporaneous verbal agreement, because it contradicts the express terms of the written guaranty.</p> <p>S. Same — Damages Merely Nominal — No New Trial Ordered. . Where in such an action, in addition to the defense of a total failure of -