Nichols & Shepard Co. v. Maxson

Citations

• 76 Kan. 607
• 92 P. 545
• 1907 Kan. LEXIS 301

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Contract op Sale — General Warranty — Parol Evidence. A written contract for the sale of a thrashing-machine contained a general warranty, in the following words: “That said machinery is well made, of good materials, and, with proper management, capable of doing well the work for which the machines respectively are made and sold.” Nothing in the contract showed the nature of the machine or the purpose for which it was made or sold. Held,, parol evidence was admissible to prove that it was made and sold for the purpose of being used to thrash all kinds of grain.</p> <p>2. - Modification —-Limitation — Oral Agreement. The same contract contained the following provision: “After the machinery mentioned herein is delivered to the purchaser all subsequent contracts relating thereto or in anywise affecting this warranty, or the return of the machinery thereunder, must be in writing, and must, in order to bind the company, be signed by its president.” Held, that the company could not thereby devest itself of the power to make a subsequent contract by parol or to waive any condition of the contract made for its benefit.</p>