Scheidel-Western X-Ray Coil Co. v. Ross

Citations

• 92 Kan. 798
• 141 P. 1007
• 1914 Kan. LEXIS 324

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Warranty—Breach—Pleadings ■— Evidence — Variance Not Prejudicial. In an action brought in a city court on an account the defendant pleaded damages by breach of warranty of an article sold to him. In the district court a trial was had upon the same pleadings, and without an amendment the defendant was permitted to recover upon a showing that the article had been sold to himself and three others, who had turned it over to him, with an assignment of their claims upon the warranty. Held, that under the circumstances of the case the variance does not justify a reversal.</p> <p>2. Same — Full Price of Article Sold Recovered as Damages— Demand for Return of Property Too Late. A party having recovered as damages the full price he had paid for an article, on the theory that it had proved to be worthless, the adverse party nearly a year later asked an order that upon payment of the judgment the article should be returned to him. Held, that the request was made too late.</p>