294 P. 666 | Kan. | 1931
The opinion of the court was delivered by
This action was brought by the Massey-Harris Company against the Reeder-Horn Implement Company to recover the sum of $1,472.95, the amount alleged to be due to plaintiff from the defendants for machinery and repairs delivered to them. The jury found for defendants and judgment in their favor was entered. Plaintiff appeals.
Plaintiff alleged that- because of goods delivered to defendants not paid or accounted for, the latter had become indebted to plaintiff in the sum of $1,472.95, for which judgment was asked. Among other things the defendants answered that a complete settlement had been made with plaintiff of all matters and dealings between them with respect to the goods sued for, and that under that settlement defendants had paid plaintiff $1,092.95, which had been accepted by plaintiff in full settlement of all controversies between them relating to the goods in suit. It appears that plaintiff is a manufacturer and jobber of farm machinery and disposes of its products through selected agencies. The defendants had been designated by plaintiff as its agents in Sedgwick county and later in Sumner county, under contracts for the sale of machines and also for the reshipment of machinery to other places upon the direction of plaintiff, all to be done on the basis of stipulated charges and credits. The claim of defendants was that under an oral agreement defendants should act as agent in Sumner county, machinery was shipped to them at Wellington, and some goods were sent to Belle Plaine and placed in charge of Harold Koger, who defendants claim was named as a subagent at that place under the approval and instruction of a representative of plaintiff, who had lined up subagents in Sedgwick and Sumner counties. This action involves only the transactions at Belle Plaine and the goods delivered there. Disputes arose between plaintiff and defendants in regard to the agency in Sumner county, including that of Belle Plaine, when Glenn M. Jones was appointed as agent of plaintiff for Sumner county. An injunction action was begun with respect to the agency, upon which testimony was taken for several days, and after the closing of the evidence but before the decision was reached the
“Use his best efforts in making satisfactory arrangements for the sale of their products, with the Citizens Hardware and Implement Co., Garden Plaine, Kan.; Herman L. Tjaden, Clearwater, Kan., and Harold Koger, Belle Plaine, Kan., in their respective territories.”
The plaintiff further agreed to carry over and assume the lease on the building in Wichita, Kan., at a monthly rental of $125. There was a stipulation that plaintiff should not assume any obligations contracted by the second party except that it was to pay the sum of $336, the balance due on a specified motor truck. It was finally provided that upon the fulfillment of this agreement both parties should be released from all contracts and claims prior to this date, and the defendants were to withdraw a lawsuit now pending in the district court of Sedgwick county, and each party was to pay his own costs. The inventory followed immediately after the agreement, both being accomplished on March 29 and 30, and there is testimony that everything had been accounted for except a harrow, which was charged to defendants and paid for in the final adjustment.' When the settlement was finally consummated, keys to buildings were delivered and a check made by defendants to plain
“1. Was all the machinery taken in the invoice at Belle Plains on the floor at Belle Plaine on the date the invoice was taken? A. Yes.
“2. Did the defendants or either of them offer to deliver the machinery at Belle Plaine to the Wichita house? A. Yes.
“3. Did Mr. Thompson, acting for the Massey Hardware Co., accept delivery of the machinery at Belle Plaine, Kan., on the 30th day of March, 1929? A. Yes.
“4. Did Mr. Koger work for Mr. Jones and sell Massey-Harris farm machinery after the date of the contract, March 29, 1929? A. Yes.
“5. Were any machinery, repairs or other items, which were shown by the inventory to be at Belle Plaine, Kan., sold by Mr. Koger before the date of the inventory? A. No.
“If you answer the above question in the affirmative, state which articles were sold. A.-”
Plaintiff makes a general attack on the findings and judgment, contending that they are unwarranted by the evidence. The main controversy arises upon the settlement that was made. It may be said that the law looks with favor on compromises and settlements of disputes, and where parties enter into a settlement which is free from fraud neither party is permitted to repudiate it. (Lewis v. Kimball, 103 Kan. 173, 173 Pac. 279, and cases cited.) In connection with the settlement in question an inventory was at once made, including a list of the goods on hand as well as those not on hand. Evidently it was the purpose of both parties to close out completely the relationship which had existed between them and make a final and complete settlement of their affairs. It is shown that defendants refused to yield possession of the goods or the keys to buildings until everything was complete, and also that certain subagents should be cared for by plaintiff. Koger, who had been
A large number of objections to the admission of testimony are mentioned by plaintiff and attention called to them in the lump as said to appear on twenty-six different pages of the record, without setting them out separately, with the rulings on each of them. We have read and considered these objections, and disposing of them as they have been presented, we hold there was no material error in the rulings.
Finding no material error in the record, the judgment is affirmed.