Kansas Hardware Co. v. Freeman

Citations

• 109 Kan. 263
• 198 P. 711
• 1921 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — To Install Heating Plant — Injury to Player Piano — Breach of Contract — Damages. The proceedings in an action for breach of a contract to install a heating plant of guaranteed capacity, examined, and held, injury to a player piano, occasioned by overheating the furnace in an unsuccessful effort to make it fulfill the guaranty, resulted proximately from breach of the contract.</p> <p>2. Same — Rule Relating to Minimizing Damages. Under circumstances disclosed by the evidence, the rule relating to minimizing damages did not preclude recovery.</p> <p>3. Same — Improper Elements of Damages. The contract required the contractor to install the heating plant, but did not require him to replace a portion of a foundation wall which it was necessary to remove in order to install the plant, and the work was not negligently done. Held, the contractor was not liable in damages for settling of the house caused by removal of the wall.</p>