Wallingford v. Bushton Grain & Supply Co.

Citations

• 100 Kan. 207
• 164 P. 275
• 1917 Kan. LEXIS 295

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Purchase of Grain — Telegram—Confirmation by Letter— When Letter Controls. Where a contract is made by telephone for the purchase and shipment of grain, followed by a letter of confir- . mation from the purchaser to the seller setting forth the terms of the contract, the written confirmation controls unless the seller makes known to the purchaser any objection he may have to the terms as stated therein. (Strong v. Ringle, 96 Kan. 573, 152 Pac. 631.)</p> <p>2. Same — Breach—Damages—Rescission—Estoppel—Instructions. In an action to recover damages for defendant’s failure to ship wheat according to contract the defense was that defendant had rescinded because plaintiffs refused to pay a draft for the first car shipped. The court properly instructed that if anything was said or done by defendant to induce plaintiffs to believe it had waived the failure to pay the draft it would be estopped afterwards to claim a breach by reason of nonpayment; but in another instruction the court charged in substance that defendant would be relieved from the consequences of such waiver if afterwards and without fault on its part it breached the contract on some other ground. Held, upon the facts stated in the opinion, that the giving of the latter instruction was error, and that it misled the' jury.</p> <p>3. Same — Findings—Judgment. Upon the special findings it is held that plaintiffs are entitled to judgment. ,</p>