Muenzenmayer v. Hood

Citations

• 97 Kan. 565
• 155 P. 917
• 1916 Kan. LEXIS 348

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Warranty of Machinery — -Purchaser Estopped to Recoup Damages for Breach Thereof. The plaintiffs assisted a machinery company in selling an engine and separator to one of the defendants for $1200 and $1105 respectively, for which he gave notes in the sum of $2305. The plaintiffs guaranteed the machinery to work satisfactorily, and purchased the notes given to the vendor. The engine proved defective and the' purchaser made repeated complaints, and after certain efforts by the plaintiffs to adjust it they advised the purchaser to see what he could do with it another season. Long after this, with their consent, he traded the engine towards a new one and took up the old notes with the ones sued on, which he secured by a mortgage covering the separator and the new engine. This was some two years after the execution of the original notes, and when giving the new notes he was told by the plaintiffs that he would finally be allowed for the time he had lain idle with the old engine. During the first season he paid $500, the next season $400, and later $500 more. In an action on the notes last given he sought to recoup damages for breach of warranty of the old engine. Held, that he is estopped.</p>