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Minneapolis Threshing Machine Co. v. Schalansky

The Minneapolis Threshing Machine Company v. Henry Schalansky

Minneapolis Threshing Mach. Co. v. Schalansky, 137 P. 800 (Kan. 1914)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
January 10, 1914
Docket
No. 18,561
Citations
137 P. 80091 Kan. 4321914 Kan. LEXIS 49
Disposition
Affirmed.
Summary
Appeal from Smith district court; Richard M. Pickler, judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam:

The claimed verbal warranty was not submitted to the jury as a basis for recovery. Consideration of this so-called warranty was permitted only as furnishing the occasion for the claimed rescission. If the contract were rescinded, as the defendant claimed, then the plaintiff could not recover. The question of rescission was properly submitted to the'jury as the sole defense to the action. This question was one of fact, and the verdict, which included a finding that the contract was rescinded, is abundantly sustained by the evidence.

There is nothing else in the case, and the judgment of the district court is affirmed.

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