Kaull v. Blacker

Citations

• 107 Kan. 578
• 193 P. 182
• 1920 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Flour — Breach of Warranty — Evidence of Offer to Compromise. An offer to compromise a difference is not admissible in evidence in an action between the parties concerning that difference, but if the offer to compromise contains an admission of fact, that may be properly introduced in evidence.</p> <p>2. Same — Breach of Warranty — Liability of Seller. A manufacturer of a grade of flour that is known by him to be extensively used by bakers in making bread, and who sells that grade of flour under a certain name, warrants that the flour sold by him under that name is of the grade and character described thereby, and warrants that it will make bread; and if flour that will not make bread is sold to a dealer under that name, the seller is liable for the damages thereby sustained by the purchaser, and an instruction to the jury to that effect is not erroneous.</p> <p>3. Same — Evidence Supports Verdict. The verdict was supported by evidence.</p>