Trusler Grain Co. v. Earlton Grange Coöperative Ass'n

Citations

• 109 Kan. 293
• 198 P. 964
• 1921 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of Wheat — Contract Made by Correspondence. Correspondence touching the purchase of certain grain examined, and held to evidence a contract for two cars of wheat.</p> <p>2. Same — Details in Letter of Confirmation. The letter of confirmation involved herein held to have supplied certain details of the contract indicated by the offer by letter and acceptance by wire.</p> <p>3. Same — Failure of Seller to Deliver — Remedies of Purchaser. The contract evidenced by the offer, acceptance and letter of confirmation held to have given the plaintiff the right to buy in wheat on defendant’s account on the latter’s failure to ship in the time specified.</p> <p>4. Same — Pleadings — Allegations of Petition Stricken Out — Right of Appeal. The allegations stricken- from the petition on motion took certain matters, constituting a part of the cause of action, out of the case, and the order to strike is therefore held appealable.</p> <p>5. Same. The order to strike from the petition all reference to the letter of confirmation, held error.</p>