Rock v. Gaede

Citations

• 111 Kan. 214
• 207 P. 323
• 27 A.L.R. 1152
• 1922 Kan. LEXIS 206

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Purchase of Flour — Attempted Rescission by Purchaser. The buyer has no right to rescind, or refuse to perform, a contract for the purchase of a quantity of flour on the ground that a shipment of the same brand made under a separate contract between the same parties had proved unfit for use, particularly where earlier shipments had been satisfactory.</p> <p>2. Same — Purchase-of Flour — Contract Wrongfully Repudiated by Purchaser —Measure of Seller’s Damages. Where a milling company contracts for the future delivery of flour of its own manufacture and thereupon buys and holds wheat to enable it to fill the contract, upon the renunciation of the agreement by the buyer before the flour is made the company may, in an action for damages for the breach of the contract, recover the loss occasioned by the decline in the price of wheat from the time it was purchased until such renunciation.</p> <p>3. Same. Where after the execution of a contract for the future delivery of flour to be manufactured by the seller the buyer without right undertakes „ to cancel it, the seller may await the expiration of the period fixed for delivery and then recover damages based upon the difference between the agreed price and the market price of the flour at the end of such period, or at the time the refusal to accept delivery was treated by him as final.</p> <p>4. Same. Minor rulings considered.</p>