Salina Implement & Seed Co. v. Haley

Citations

• 77 Kan. 72
• 93 P. 579
• 1908 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Rescission—Return of Property — Reasonable Time— Question of Fact. What is a reasonable time within which a purchaser should return a machine sold to him on condition that he can return it if it does not meet the warranty and work satisfactorily is ordinarily a question for the jury, .where there is conflicting testimony on the proposition.</p> <p>2. -- Delay in Returning Property Occasioned by Seller — Estoppel. While such purchaser, in order to rescind, is required to return the machine with reasonable promptness after giving it a fair test and learning of its defects, the seller is not in a position to insist that there was unreasonable delay where the purchaser was induced to keep the machine for a time by assurances of the seller that he would put it in working order, and by his attempts to do so, if the machine is promptly returned after the last ineffectual attempt of the seller to make it work satisfactorily.</p>