Kansas Milling Co. v. Edwards

Citations

• 108 Kan. 616
• 197 P. 1113
• 1921 Kan. LEXIS 236

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract. — Sale of Wheat — Accidental Destruction of Wheat — Failure to Deliver — Instructions—Findings of Jury. The omission of the trial court to give an instruction as to the effect of the accidental destruction of wheat out of which it was claimed by a seller that it had been agreed he should fill an order, because in this way a delay in delivery which was desired by the purchaser could be arranged, is held to have been rendered immaterial by a finding of the jury that the buyer had at no time advised delay in making the shipment.</p> <p>2. Same — No Prejudicial Error in Court’s Rulings. Various trial rulings are held not to afford a basis for reversal.</p> <p>8. Same — Set-off Allowed — Judgment Modified. A claim of the defendant for an allowance on account of underpayments in shipments of wheat, having been withdrawn from the jury for want of evidence as to the grades and weights, it is held that an allowance should have been made on the basis of evidence on the subject supplied by the plaintiff.</p>