(Download) "Wing v. Mid-Continent Seeds" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Wing v. Mid-Continent Seeds
- Author : Supreme Court of Kansas
- Release Date : January 09, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by This was an action wherein plaintiff sought recovery for the value of seed sold the defendant. From a judgment in favor of the plaintiff the defendant appeals. The petition alleged that on January 19, 1949, the plaintiff sold defendant approximately 400 bags of Atlas Sorgo weighing 40,000 pounds, for $1,700, the sale being confirmed in a written document later mentioned; that on March 1, 1949, plaintiff notified the defendant the seed had been duly inspected and sealed in bags by the Kansas Crop Improvement Association and that it had been ready for delivery for sometime but defendant failed to pick up and transport the seed and without fault of plaintiff the seed was destroyed by fire; that demand for payment had been made on defendant and refused. The written confirmation of purchase, a portion of which is pleaded, was later received in evidence. To avoid repetition we here refer to the entire document. The confirmation is on a printed form entitled ""Confirmation of Purchase,"" shows in its caption ""Mid-Continent Seeds, Inc., Salina, Kansas"" as well as dates, purchaser and other information. At the bottom are printed provisions as to weights and grades, the right of the buyer to extend time of shipment and other provisions including ""Above seed to be nucrop normal germination and comply with existing seed regulations."" At the bottom is a form for signature by the purchaser, which is executed by M.E. Hurlburt, concededly the defendant's manager. Appropriate blanks on the form are filled in to show date of purchase to be ""1-19-49"" when ship ""Middle of Feb., 1949"" and that the