International Filter Co. v. Caney Ice & Cold Storage Co.

Citations

• 84 Kan. 705
• 115 P. 635
• 1911 Kan. LEXIS 402

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Executory Contract — Warranty—Breach—Remedies. In a sale of a machine, under an executory contract, which was to be tested within a fixed time, and which did not correspond with the representations and warranty, the vendee may elect to return the machine or he may retain it and recoup the damages sustained by the breach of the contract.</p> <p>2. - Express Warranty — Breach—Remedies. If there is an express warranty of the quality of an article sold and there is a breach of the warranty, the vendee’s right to recover damages survives his acceptance of the article and he may recover or recoup his damages whether it be regarded as an executory or present sale.</p>