Ziehme v. Parish

Citations

• 74 Kan. 542
• 87 P. 685
• 1906 Kan. LEXIS 98

Syllabus

<p>SYLLABUS BY THE CO.URT.</p> <p>1. Contracts — Purchase and Sale — Order — Acceptance. A written order, executed and delivered by a retail dealer to a wholesale dealer, to ship certain articles of merchandise at a specified price constitutes a contract of purchase and sale when the order is accepted by the wholesale dealer and the goods are shipped in accordance with the order.</p> <p>2. - Consideration — Recovery on the Contract — Proof of Value. The shipping of the goods is a sufficient consideration to sustain the contract, and in an action based upon such contract it is not necessary to entitle him to recover for the plaintiff to prove the value of the goods.</p> <p>3. --- Construction of ■ Terms — Time of Payment. When the order contains the following: “Terms: Cash disc., six per cent, ten .days, three per cent, twenty days, net thirty days. Special time payments': One-fourth due in four months, one-fourth due in six months, one-fourth due in eight months, one-fourth due in ten months. Special. time payments must-be closed by note within ten days;” and the purchaser refuses after more than ten days have elapsed to execute notes in accordance with the conditions for the purchase-price; held, that the entire bill becomes due in thirty days.</p>