Loveland v. Kibbey

Citations

• 103 Kan. 292
• 173 P. 976
• 1918 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Advertising Matter — Voting Contest — Notes Given — Default of_ Payment — Contract Interpreted — Set-off. Articles were sold to a retailer to be used as premiums in a voting contest, the vendor undertaking that as a result the buyer’s business should increase to a stated amount, provided he carried out the contest plan and promptly met his own obligations under the contract. Held, that under the language of the agreement the omission of the buyer to pay at maturity the notes he had given for the goods did not result in a forfeiture of his rights under the part of the agreement with regard to the amount of business done.</p> <p>2. Same — Verdict and Judgment. The verdict and judgment held to have been for a wrong amount, but under the circumstances to have constituted an adjudication of the question submitted to the jury.</p> <p>3. Same — New Trial. A new trial ordered upon a particular issue at the option of the defendant.</p>