Johnston v. Lanter

Citations

• 87 Kan. 32
• 123 P. 719
• 1912 Kan. LEXIS 82

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Warranty—Inspection of Goods — Laches. A sale of goods, in which a quality thereof is described, implies a warranty that the goods are of the quality described, provided the purchaser has had no prior opportunity to inspect them, but relies upon the description thereof.</p> <p>2. --- Same. There is no rule of law applicable to all cases by which it can be determined whether a purchaser, on delivery to him of goods bought without inspection but on warranty, has unreasonably delayed discovering and reporting to the seller a defect. The apparent or concealed nature of the defect and all the circumstances of each particular case should be considered and the conclusion of fact should be submitted to the jury under proper instructions.</p>