Morehead Manufacturing Co. v. Western Straw Products Co.

Citations

• 100 Kan. 579
• 164 P. 1082
• 1917 Kan. LEXIS 378

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale — Vacuum Trap — Defective—Failure to Return — Seller’s Right of Recovery. The plaintiff sold a vacuum trap, “to be returned to us at our expense at the end of sixty days from date of invoice if it does not do its work properly, if installed as per our directions.” Complaint of its failure to work was made within the sixty days, and for several months the plaintiff intended and attempted — but unsuccessfully — to make the trap work properly, thus in effect waiving return within the specified time. Held, that the plaintiff is not entitled to recover.</p>