Higley v. Doege

Citations

• 98 Kan. 754
• 161 P. 586
• 1916 Kan. LEXIS 185

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Piano—Old Piano as Part Payment — Default of Purchaser — ■ Erroneous Instruction as to Judgment. In an action to recover $700 alleged to be due as the purchase price of a player piano plaintiff testified that defendant was to pay $350 when the instrument was delivered, and that plaintiff was to take defendant’s old piano in payment of the balance. An instruction which charged that if defendant failed to pay the $350 at the time of delivery, plaintiff was thereby relieved from all obligation to accept the old piano and could recover judgment for $700, was error.</p> <p>2. Same — Equitable Rights of Parties Stated. In view of all the circumstances it is held that the judgment in plaintiff’s favor for $700 and interest should be modified and judgment given in her favor for $350 with interest and the right to the possession and ownership of the old piano, or in case it can not be delivered to her, to judgment in addition for its value at the time of the sale.</p>