Meyer-Bridges Co. v. American Warehouse Co.

Citations

• 94 Kan. 288
• 146 P. 361
• 1915 Kan. LEXIS 86

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Selling Broom Corn on Commission — Contract Construed. One of several provisions in a written contract was: “American Warehouse Company to have privilege of selling on Commission of $5.00 per ton. Prices to be made by Louisville Broom Works.” Held, that this bound the broom-corn company to fix prices at which the warehouse company could sell and earn the commission, and was not to be a mere option or agency revokable at will.</p> <p>2. Same — Rejected Evidence — Exclusion No Material Error. Officers and other witnesses for the two companies testified quite fully as to the course of dealing, so that the claims and contentions of the parties plainly appeared. Certain correspondence between them touching the matters thus testified about was rejected. Held, that while properly admissible it does not appear that its admission would or should have led to a different result, hence there was no material error in such exclusion.</p> <p>3. Same — New Trial — Evidence Not Produced on Motion — Stipulation. Instead of producing this evidence at the hearing of the motion for a new trial it was stipulated that it should be considered as then offered and should be considered by the court. Held, that such stipulation was not a compliance with section 307 of the civil code, but whether or not it amounted to a waiver so as to supersede such compliance, in view of the preceding paragraph, becomes immaterial. ,</p> <p>4. Same — Expenses Properly Charged, and Divided. Expenses, erroneously called commissions, in purchasing broom corn on the joint account of the parties were properly charged and divided between them.</p> <p>5. Same — Contracts Binding — Not Optional — Instruction. The instructions were drawn upon the theory that the contracts between the parties were binding and not merely optional. Held, proper.</p>