National Supply Co. v. United Kansas Portland Cement Co.

Citations

• 91 Kan. 509
• 138 P. 599
• 1914 Kan. LEXIS 66

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of machinery — Delivery—Refusal to Accept — Liability for Purchase Price. Where machinery was purchased and delivered to the buyer under an agreement that the seller was to make plans for and supervise the installation of the machinery, and the seller did make the plans and sent an expert to superintend the installation of the machinery, but the buyer, without valid excuse, refused to have the machinery installed in his plant or to pay for the same, the seller, who had substantially performed his part of the contract, is entitled to recover the agreed price of the machinery.</p> <p>2. Same. A party who has prevented the performance of a condition of the contract by the other as to the incident of supervision can not take advantage of such nonperformance nor escape liability for the failure of the condition.</p>