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· 4/10/1915

Hostetler v. Bartholomew

Citations

  • 95 Kan. 217
  • 147 P. 1134
  • 1915 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale — Stallion—Breach of Warranty — Rescission of Contract— Measure of Damages. Where the agent of the vendor of a stallion warranted the stallion to be “as sound as a dollar and a sure foal getter” and the vendor himself knew that the stallion was being purchased for breeding purposes, and upon trial the vendee learned that the stallion was wholly incapacitated for breeding purposes, the vendee had the right to rescind the contract and recover the purchase money and freight paid for the transportation of the stallion and reasonable compensation for its care and keep.</p>

Judges: Dawson

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