S. F. Bowser & Co. v. Bathurst

Citations

• 91 Kan. 611
• 138 P. 585
• 1914 Kan. LEXIS 88

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>Sale — Gasoline Punvp — Representations — Implied Warranty— Rescission. Where, to induce a sale of an article not known or recognized as an article of commerce, the seller represents that the article in use will accomplish a certain purpose, and the purchaser has no opportunity to examine the article, but in reliance upon the representations made enters into an executory contract to purchase the article; Held, that such, representations constitute an implied warranty that the article will in use accomplish the purpose represented.</p>