King Bros. v. Perfection Block Machine Co.

Citations

• 81 Kan. 809
• 106 P. 1071
• 1910 Kan. LEXIS 434

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Breach of Contract — Expenditures. Expenditures necessarily made in anticipation of, or in preparation for, the performance of a contract in which default is made or fulfillment prevented are usually recoverable.</p> <p>2. Contracts — Rescission—Recovery of Consideration and Expenditures. Where the rescission of a contract has been lawfully made the party not in fault may recover the consideration paid and necessary expenditures made by him in performing the conditions of the agreement on his part.</p> <p>3. Sales — Action to Rescind Contract and for Damages — Return of Property — Possession. In an action for the rescission of a contract and for damages incident to such rescission it is not necessary to aver a return of, or offer to return, a machine which the defendant had agreed to furnish and install, but which had not been accepted by the plaintiffs and was not in their possession when the action was commenced.</p>