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eBook details

• Title: Franklin v. Northwest Drilling Co.
• Author : Supreme Court of Kansas
• Release Date : January 17, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The opinion of the court was delivered by This action arose from an oral arrangement to drill and equip an irrigation well on land owned by the plaintiff Kenneth Franklin in Sherman County, Kansas. The defendant Northwest Drilling Co., Inc. undertook to drill and equip the well with knowledge that the financing for the well and equipment was dependent upon obtaining a 900 gallon well. Financing was furnished by Prudential Insurance Company after the well was drilled. Franklin encountered difficulties in his irrigation project later and sued Northwest Drilling. The petition set forth three separate theories upon which recovery was sought, (1) breach of an express warranty that the well and equipment would produce 1200 gallons of water per minute (gpm), (2) breach of an implied warranty that the well and equipment were reasonably fit to provide an adequate water supply for irrigation purposes, and (3) negligence by the defendant in testing, drilling and equipping said well. Issues were joined by answer of the defendant and a trial resulted in a jury verdict in favor of plaintiff in the amount of $16,180.53. The verdict exceeded the total paid by plaintiff for drilling and equipping the well by over $2,000.00. The defendant appeals. At the outset we are confronted by appellee's motion to dismiss the appeal for failure of the appellant to comply with the rules relating to appellate practice. Rule 6 (c) of this court requires that the testimony of witnesses designated for inclusion in the record be in narrative form except when the decision of any question in controversy may depend upon the verbal accuracy of said testimony. Rule 6 (e) requires the record to be abbreviated and all matter not essential to the decision on appeal should be omitted. (Rules of the Supreme Court, 211 Kan. xxvi, xxvii and xxviii.) Rule 6 (e) provides: . . . A party need not designate all the evidence to support a claim on his part that it does not show or tend to show a certain fact, but may present such questions by inserting in his designation a statement that no evidence was introduced tending to show the fact, and if an adverse party desires to controvert this he shall include in his designation so much of the evidence as he relies upon to support his contention in this regard. . . . The above rule further provides:

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