Pottorff v. Ward

Citations

• 87 Kan. 716
• 125 P. 80
• 1912 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Threshing—Breach—Damages. Where a thresherman agreed with an owner of wheat to cease threshing for a time within which necessary repairs should be made upon the machinery, and threshing was resumed contrary to the agreement, causing the destruction of wheat by fire in the absence of the owner, who had relied upon the agreement, the loss thereby caused should fall upon the party violating the agreement.</p> <p>2. - Instruction■ — Negligence. An instruction that notwithstanding the agreement the thresherman could not be held liable unless the fire was caused by negligent operation of the machine is erroneous.</p>