Thomas v. Warrenburg

Citations

• 92 Kan. 576
• 141 P. 255
• 1914 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Erroneous Instructions — Rendered Harmless by Verdict. Ordinarily an instruction -which impliedly justifies a larger verdict than the law or the evidence warrants becomes harmless when it appears that the verdict returned was much less than it might have been under the evidence and the law correctly stated.</p> <p>2. Express Warranty — Instructions. When the evidence clearly shows an express warranty of material purchased, an instruction as to an implied warranty may be deemed immaterial.</p> <p>S. Defective ' Building Material — Measure of Owner’s Damages. A mere defect in a building which can be remedied by repair entitles the owner to the cost of such repair, and he is. not confined to a recovery from the contractor of the difference between the value of the building as constructed and its value as contracted for.</p>