Santa Paula Commercial Co. v. Parkhurst-Davis Mercantile Co.

Citations

• 86 Kan. 328
• 120 P. 347
• 1912 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Vendor and Purchaser — Contract—Default of Buyer — Significance of the Word “About.” In an action to recover damages for failure to accept a shipment of English walnuts the testimony on behalf of the plaintiff showed such circumstances and conduct as to afford some basis for finding or inferring that there had been a substantial compliance with a contract calling for “250 sacks of about 100 pounds each.” Held, (1) that a demurrer to the plaintiff’s evidence was improperly sus-1 tained; (2) that the question of substantial compliance should have. gone to the jury under proper instructions as to the meaning and application of the quoted phrase.</p>