Master Sales Co. v. Sytsma

Citations

• 114 Kan. 120
• 217 P. 291
• 1923 Kan. LEXIS 36

Syllabus

<p>syllabus by the court.</p> <p>1. Sale op Automobile Accessories — Action for Price — Cross-petition Good as Against Demurrer. A cross-petition which alleges damages to the pleader’s business but does not specifically allege loss of profits or other particular item of damage, is good as against a demurrer.</p> <p>2. Same — Answer and Cross-petition — No Election Between Answer and Cross-petition Required. In an action on an account for goods sold, an answer which contains a general denial and alleges a settlement for part of the goods, the right to return a portion of goods under contract made when they were sold, and a failure of warranty is not inconsistent with a cross-petition which alleges damages to a business caused by the failure of the warranty; and the pleader is not required to elect as between the answer and the cross-petition.</p> <p>3. Same — Demurrer to Evidence to Support Answer Properly Overruled. A demurrer to the evidence to support such an answer as is outlined in the second paragraph of this syllabus, is properly overruled where it is based on the contention that the answer and cross-petition are inconsistent with each other.</p> <p>4. Same — Demurrer to Evidence in Support of Cross-petition Should Be Sustained. A demúrrer to,evidence introduced in support of such a cross-petition as is mentioned in paragraphs one and two of this syllabus, should be sustained where there is no evidence to prove loss of profits to the business.</p> <p>5. Same — Instructions. A complaint of an, instruction, correct so far as it goes, is not good on appeal where no request was made for an instruction covering the proposition of which complaint is made.</p> <p>6. Same — Judgment for Plaintiff Upon Defendant’s Admission of Liability. Where a party to an action prevails in the lower court and admits in his brief on appeal to this court that judgment should have been rendered against him for certain amounts, judgment will be so rendered.</p>