Kinnard Press Co. v. Stanley

Citations

• 70 Kan. 770
• 79 P. 661
• 1905 Kan. LEXIS 47

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Breach of Warranty — Competent Evidence. Where an engine is sold upon a warranty that it is capable of developing twenty-five horse-power when tested according to a designated system, a finding that there was a breach of such warranty may be sustained by evidence that in actual use, under ordinary conditions, it could not develop more than fifteen horse-power, no test ever having been made according to the prescribed method.</p> <p>2. - Complaint within Five Days — Condition Construed. Where a contract of warranty under which machinery is sold provides that its continued use for five days without complaint shall be conclusive evidence of the fulfilment of the warranty, a retention of the machinery without complaint for five days after its first use does not have such effect, it not having been, actually used for five days.</p>