Price v. Weisner

Citations

• 83 Kan. 343
• 111 P. 439
• 1910 Kan. LEXIS 534

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Contract Not Sufficiently Definite and Certain. An order for $360 worth of jewelry, to be made up of articles named in a price list contained in the order, is void where it can not be determined from the writing itself either the quantity, quality or price of any of the articles specified which the plaintiffs were bound to ship and which the defendant agreed to purchase.</p> <p>2. •-Delivery Prerequisite to Action for the Purchase Price. The plaintiffs sued to recover for goods, wares and merchandise sold and delivered according to the terms of a written order. On the trial the plaintiffs introduced the original order and rested. Held, that if the order had constituted a valid and binding contract the court rightly sustained a demurrer in the absence of any testimony showing a delivery of the goods to the defendant.</p>