Kansas Flour Mills Co. v. Moll

Citations

• 106 Kan. 827
• 189 P. 940
• 1920 Kan. LEXIS 663

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — “Fanehon Flour” — Flour Tendered Not “Fanehon Flour”— Buyer’s Right Not to Accept it. A seller who contracts with a buyer to sell and ship to him an article described as “Fanehon flour,” which was known to be a hard-wheat flour, is under an implied obligation to deliver to the buyer flour of that kind, and if he tenders flour not of that kind the buyer may refuse to receive it.</p> <p>2. Same — Evidence—Findings■—Flour Not “Fanehon Flour ” Under the evidence and findings, the flour tendered by the seller was not hard-wheat flour, and that was a condition precedent to the liability of the buyer for nonacceptance.</p> <p>3. Same. It is held that the evidence supported the findings, and also that the findings supported the judgment that was rendered.</p>