International News Service v. Gazette Printing Co.

Citations

• 103 Kan. 402
• 173 P. 980
• 1918 Kan. LEXIS 278

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Newspaper Printing Establishment — Sale of “Assets” — Neivspaper Franchise Included in Sale. The property of a printing establishment was repeatedly mortgaged and repeatedly sold under contracts which named certain assets, and also included—</p> <p>“any and all other articles of any kind formerly connected with the Gazette Printing Company, . . . also the circulation, good will, . . . all assets of every kind and nature, it being the intention to mortgage the entire Gazette Printing Plant and everything connected therewith, and appertaining thereto, whether mentioned herein or not.”</p> <p>One of the assets was a newspaper, and the successive mortgagors and vendors surrendered the newspaper along with all the other property to successive purchasers, as part of the property mortgaged and sold. Held, that the language of the contracts for mortgaging the property and for selling it, and the operative, interpretation placed thereon by the mortgagors and vendors justify a finding and judgment that the newspaper franchise was included in the assets pledged to the mortgagees and included in the property acquired by the vendees.</p>