Truman's Pioneer Stud Farm v. Hansen

Citations

• 108 Kan. 717
• 196 P. 1087
• 1921 Kan. LEXIS 250

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — To Purchase Horse — Horse Not as Contracted For — Buyer-May Refuse to Accept. Where there is an agreement to buy a horse-of a certain kind and grade for a specific purpose, and the one delivered by the seller is not the kind or quality contracted for, the buyer-is not obliged to accept and pay therefor.</p> <p>2. Same- — No Completed Contract to Purchase Horse — Rights and Remedies of Purchaser. Where the buyer promptly, notifies the seller of the-refusal to accept the horse, and that he is holding him subject to the seller’s order, and the seller leaves thq horse in the possession of the-buyer, the latter is entitled to a lien on the horse for the expenses incurred in keeping and caring for him, and to have the horse sold in satisfaction of the lien, and also to recover as damages from the seller-any part of such expenses remaining unpaid after applying thereto the-proceeds of the sale.</p>