Outcault Advertising Co. v. Wa-Keeney Hardware Co.

Citations

• 104 Kan. 44
• 177 P. 532
• 1919 Kan. LEXIS 179

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Order for Goods — Order Withdrawn before Acceptance— No Completed Contract. A written order for goods, signed by the purchaser and by the agent of the seller, but which does not bind the seller to furnish the goods until the order has been accepted by him, does not constitute a contract for the purchase of the goods if the order is withdrawn before it is accepted.</p> <p>2. Same! — Rescission of Contracts. The rules of law governing the rescission of contracts do not apply where an order for the purchase of goods is withdrawn before it is accepted.</p> <p>3. Same — Immaterial Instruction — Not Ground for Reversal. An inapplicable instruction will not necessarily cause the reversal of a judgment, if the verdict shows that the facts found by the jury render the instruction wholly immaterial.</p>