International Harvester Co. of America v. Foran

Citations

• 108 Kan. 343
• 195 P. 867
• 1921 Kan. LEXIS 44

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Tractor Engine with Warranty — Breach of Warranty — Failure of Purchaser to Return Property as Per Terms of Warranty — No Rescission of Contract. The evidence adduced in defense to an action on promissory notes given as part of the purchase price of a tractor engine, and the written order, warranty and agreement pertaining thereto which provided that if the tractor engine did not work well it should be immediately returned to the dealer and the price paid should be refunded and that a failure to return the tractor engine should be deemed an acceptance of it and fulfillment of the warranty, considered, and held that a conditional offer to return the tractor was not sufficient to relieve the purchaser from payment. 0</p> <p>2. Same — Authority of Agent to Modify Contract. Where a written contract provides that no agent shall have power to change its terms, such provision is binding, where there was no evidence that the person who assumed to change its terms had authority to waive or alter them.</p>