Vandermark v. Kansas Moline Plow Co.

Citations

• 114 Kan. 6
• 216 P. 829
• 1923 Kan. LEXIS 2

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Purchase of Farm Tractor — Failure to Fulfill Warranty — Rescission —Recovery of Purchase Price. Where V. purchased from the K. company a farm tractor, it being warranted to be well made, of good materials, and that it would do good and serviceable work, and where the purchaser was unable, because of defects, to operate it, and defendant and its agents made various unsuccessful attempts to put the tractor in condition to operate, the purchaser was entitled to recover back the purchase price of the tractor.</p> <p>2. Same — Evidence Supports Special Findings and Judgment. The record examined, and found that the testimony was sufficient to sustain the general verdict and special findings of the jury; that, under the evidence, no tender of the tractor at Moline, 111., was necessary, and that the court properly instructed the jury.</p>