Western Drug Supply & Specialty Co. ex rel. Lowenstein v. Board of Administration

Citations

• 106 Kan. 256
• 187 P. 701
• 12 A.L.R. 1074
• 1920 Kan. LEXIS 498

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — To Furnish Supplies for State Institution — Plaintiffs’ Assets Taken and Soldi by Receiver — No Excuse for Nonperformance of Contract. The plaintiff, a drug company, contracted to furnish the board of administration certain supplies for the state institutions. After complying with the contract for a while it ceased to furnish goods for the reason that a creditor had sued and procured the appointment of a receiver who took over and sold all of the plaintiff’s assets. Held, not a defence to an action or claim of offset for damages for breach of the contract.</p> <p>2. Same. Generally, when one contracts to do a thing possible in itself he will be liable for breach of such contract, notwithstanding the occurrence of a contingency which, although not foreseen by him or within his control, but which might have been provided against, has put it out of his power to perform.</p>