Independent Milling Co. v. Howe Scale Co.

Citations

• 105 Kan. 87
• 181 P. 554
• 1919 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>3. Contract — Sale of Track Scale — Renunciation of Contract — Dam~ ages. The correspondence between the parties evidences a contract for the purchase of a track scale with certain specified I beam and recording beam, first payment to be thirty days after shipment. After the contract had thus been entered into, the plaintiff wrote the seller that there had been some misunderstanding, and that it could not accept the seller’s proposition. The scale company refused to accept the renunciation, but turned the matter over to its attorney, who requested payment. Later, the plaintiff demanded that the scale be shipped, which demand was not complied with. Held, that, both parties having finally treated the contract as in force, the plaintiff could recover damages for its breach.</p> <p>2. Appeal — Properly Taken. The appeal was taken in time, and the delay in filing abstract held not fatal. -</p>