International Filter Co. v. Cox Bottling Co.

Citations

• 89 Kan. 645
• 132 P. 180
• 1913 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Erroneous as Matter of Law — Motion for New Trial Unnecessary. Where the appellant claims that upon the ascertained and undisputed facts the judgment is erroneous as a matter of law a motion for a new trial is unnecessary.</p> <p>2. -Specifications of Error — -Sufficient for Review. Where in such a case there are no special findings, the specifications of error are sufficient if they set forth the particular questions of law which appellant claims were involved in the general judgment and decided erroneously.</p> <p>3. Sale — With Warranty — Failure to Rescind in Specified Time. A contract for the sale of a water filter, evidenced by the correspondence of the parties, it is held, was not for a sale upon an implied warranty with a reasonable time for the purchaser to test the machine; but on the,contrary, a sale upon approval with the understanding that the machine was to be returned within thirty-five days if it proved unsatisfactory; and further held, that because of failure to return it within the agreed time, the purchaser became liable for the price.</p>