Smith v. Hanson

Citations

• 106 Kan. 32
• 187 P. 262
• 1920 Kan. LEXIS 446

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Hay—Error in Estimates — Action to Recover Overpayments— Trial — No Reversible Error in Record. It is held that no reversible error was committed (a) in the admission of evidence, (6) in the giving or refusing of instructions, (e) in the refusal to submit a special question, or (d) in the refusal to set aside a special finding, or the general verdict.</p> <p>2. Same — Recovery of Overpayments — Interest Allowed. The fact that a defendant has at all times denied liability on a debt the amount of which is a matter of computation, and has resisted to the utmost the efforts of the creditor to obtain judgment thereon, affords no ground for exempting him from the payment of interest, even in the absence of an affirmative finding of bad faith on his part. This rule is applied in an action to recover an overpayment where a quantity of hay was purchased under an agreement that its weight was to be determined in a specified way, and before that was done the buyer made full payment, the amount being based on an estimate which proved excessive.</p>