Thompson v. Seek

Citations

• 84 Kan. 674
• 115 P. 397
• 1911 Kan. LEXIS 396

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Breach of Implied Condition — Party at Fault without Remedy. A written contract for the purchase of corn to be delivered at the buyer’s elevator implies payment in cash, and upon offer to deliver, and refusal to pay except by check, at a time when banks are not honoring checks by paying cash, the buyer is not entitled to damages for failure to deliver.</p> <p>2. New Trial — Grounds — Cumulative Evidence. Newly discovered cumulative evidence which if received would still leave the moving party without right to recover is not sufficient ground for granting a new trial.</p>