Western Silo Co. v. Carter

Citations

• 98 Kan. 279
• 158 P. 71
• 1916 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amendment—Judicial Discretion. The allowance of an amendment to a pleading at the opening of a trial, under which a party was permitted to set forth the amount of one element of damages which he had sustained because of facts already pleaded, is not an abuse of discretion nor a ground of reversal, especially where the court offered to give the objecting party a continuance of the case in order to make preparation to meet the new matter, which offer was refused.</p> <p>2. CONTRACT' — Sale of Silo — Breach of Contract — Defective Silo — Delay in Delivery — Elements of Damages. Where a person agrees to make and sell a silo to another to be used and filled 'with ensilage from a growing crop and to deliver the silo to the buyer on August 1 of that year or at the earliest convenience of the seller, but which was not delivered until September 20 following, although the seller could have conveniently shipped it to the buyer on August 5, and where the silo delivered was defective in several respects and the result of the delay in delivering it was the ripening and deterioration of the crop planted by the buyer to be placed in the silo, the seller is liable not only for the difference in value between the kind of silo purchased and the defective one delivered, but also for such damages as are the reasonable and natural consequences of the breach of the contract; and the deterioration of the crop grown to be placed in the silo because of the delay may reasonably be supposed to have been in the contemplation of the parties when the contract was made, and for this loss the seller is liable.</p> <p>3. Same — Sale of Silo — Defective Parts — Waiver of Notice of Defects. In the contract the buyer agreed that if upon receipt of the silo any parts were found to be defective or missing he would at once notify the seller in writing and give him reasonable time to replace the parts and that when such replacements were made the seller’s res