Nixa Canning Co. v. Lehmann-Higginson Grocer Co.

Citations

• 70 Kan. 664
• 79 P. 141
• 70 L.R.A. 653
• 1905 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Personal Property — Warranty. Where goods are sold by sample and the seller is also the manufacturer, there is an implied warranty on his part that they are free from any latent defects that could not be discovered upon ordinary examination.</p> <p>2. -Manufacturer. One engaged in putting up apples in cans for sale is a manufacturer, within the meaning of the rule stated.</p> <p>3. - Worthless Canned■ Fruit — Liable on Implied Warranty. Where one sells to a merchant canned apples of his own packing, the sale being made by sample, and by reason of a defect due to the method employed in their preparation, which could not be discovered upon an inspection of the opened sample cans, the goods sold become worthless before they can be resold in the ordinary course of trade, the seller is liable to the buyer for a breach of an implied warranty against such defect.</p>