Wallingford v. McCray

Citations

• 101 Kan. 146
• 165 P. 813
• 1917 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of Wheat — Contract by Telephone and Letter — Repudiation of Contract — Rescission. Where a contract is made by telephone for the sale, of wheat, to be shipped within three weeks, and the buyer at once sends the seller a letter of confirmation in which it is stated that shipment is to be made in one week, and thereafter a controversy arises between the parties in which the buyer insists that the confirmation as written is correct, and disclaims any obligation to pay the agreed price on any other terms, his conduct amounts to such a repudiation of the contract as justifies the seller in calling off the deal.</p> <p>2. Same. In that situation the buyer can not afterwards reinstate the deal by undertaking to hold the seller to the contract as it was originally made.</p> <p>3. Trial — Instructions—No Error. The trial court held not to have committed error in the giving or refusing of instructions.</p> <p>4. Trial — Special Findings. The special findings held not to show passion' or prejudice, or to be inconsistent with the evidence or with each other.</p> <p>5. Trial — Taxing Costs of Witnesses from Another County. When an order taxing costs on account of witnesses from another county is made in the absence of a party affected, his remedy, if aggrieved, is by a motion to retax.</p>