Kansas Flour Mills Co. v. Dirks

Citations

• 100 Kan. 376
• 164 P. 273
• 1917 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Wheat—Contract—Option to Extend Time of Delivery — Option Exercised. In a contract for the sale of wheat the parties stipulated that it was to be delivered on or -before December 30, 1914, and that in case the seller failed to make delivery on that day the buyer had the option to extend the time of delivery, cancel the contract, or buy wheat on the account of the seller. Held, that the seller had all of December 30 in which to deliver the wheat, and as it was not delivered within that time the buyer had a right on December 31 to extend the time of delivery until January 15, 1915.</p> <p>2. Sale — Wheat—Contract—Breach of Seller — Buyer’s Remedy. The wheat not being delivered within the time originally fixed or within the extended time, and the market price of wheat having advánced, the buyer was entitled to recover as damages the difference between the contract price and the market price at the place of delivery on January 15, 1915, the time to which the delivery was extended.</p>