Kansas National Drill & Manufacturing Co. v. Redd

Citations

• 97 Kan. 1
• 154 P. 250
• 1916 Kan. LEXIS 202

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Replevin—Tender of Property to Owner. Findings of fact relating to a tender of property examined and found to justify the refusal of a peremptory instruction that no tender had been made.</p> <p>2. Same — Verdict Sustained by Evidence. Evidence examined and found sufficient to sustain the verdict.</p> <p>S. SAME — Tender—Instructions. Instructions pertaining to the sufficiency of a tender of property used in well drilling examined and held to be a fair statement of the law so far as concerns the appellant.</p> <p>4. Same — Sufficient Evidence of Tender: Some well-drilling property on part of which the plaintiff held a mortgage and on part of which it held a bill of sale was attached by the sheriff at the instance of a lumber company to satisfy a debt of the operators of the drilling machinery. The plaintiff brought replevin, and a redelivery bond was given. The well-drilling property, being large and unwieldy, was being kept out-of-doors at the time these proceedings began, and it was not physically disturbed by the sheriff in the service of the attachment process. A few days after the redelivery bond was given, the plaintiff’s agent was tendered a return of the property by the manager of the lumber company, who was also the sheriff’s representative, who said: “If they are your machines, take them.” Held, a sufficient tender of the return of the property.</p> <p>5. Same. The foregoing was a sufficient tender although the sheriff’s representative and attaching creditor also declared that he would only pay such damages as a judge and jury might determine.</p>