Johnston v. Lanter

Citations

• 98 Kan. 62
• 157 P. 266
• 1916 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Lumber — Inspection by Vendee — Notice of Defects. It devolves on one who orders goods of a particular kind or quality to make an early inspection of those received to determine whether they comply with the terms of the contract, and to give notice of defects within a reasonable time after the discovery of the same.</p> <p>2. Same — Waiver of Defects. The mere receipt of goods does not necessarily- amount to a waiver of defects, but the buyer is bound to exercise reasonable care in the matter of inspection, and is chargeable with knowledge of such defects as are external and visible, and which are observable from an ordinary examination, and whether he has acted with reasonable diligence in that respect, and given notice of discovered defects to the seller within a reasonable time, are ordinarily questions for the determination of the jury.</p> <p>3. Same — The finding that there was no waiver of defects in the goods purchased by the defendant is sustained.</p> <p>4. Sale — Lumber—Breach of Contract — Proof of Damages. One who claims damages on account of a breach of contract must not only prove the injury sustained, but must also show with reasonable certainty the amount of damages suffered as a result of the injury.</p>