Ankeny v. Young Bros.

Citations

• 52 Wash. 235
• 100 P. 736
• 1909 Wash. LEXIS 1100

Syllabus

<p>Bbokers — Authority—Principal and Agent — Sales—Broker as Agent of Purchaser — Evidence—Sufficiency. A coffee broker, B., at San Francisco, is constituted defendant’s agent to buy two certain lots of coffee from two coffee merchants, where it appears that defendant made an offer for coffee to L., a broker at Seattle, agent of B., which B. declined; that B. wired L. that he could buy, if unsold and accepted by telegraph, two certain lots at a certain price, which offer was communicated to defendant and accepted by wire from L. to B.; that B. relied on such acceptance, and purchased the lots from the merchants, who shipped direct to defendant, making delivery ex-warehouse according to the custom of traders, notifying defendant, who corresponded with the merchants with reference to the purchase.</p> <p>Sales — Delivery and Acceptance — Delivery Ex-Warehouse— Custom of Traders. There is a delivery and acceptance of coffee sold, where a broker was constituted the purchaser’s agent to buy the coffee, and purchased the same to be shipped by steamer, and the custom was to make the delivery at the warehouse at the point of shipment, which was done, and proper warehouse orders were delivered to the broker, who caused the coffee to be loaded aboard ship; the purchaser being bound to take notice of the custom, and the delivery to the broker being delivery to him.</p> <p>Sales- — -Delivery—Loss of Goods in Tbansit. After delivery and acceptance of goods sold, at the point of shipment, the vendee must suffer the loss of goods in transit.</p> <p>Frauds, Statute of — Sale of Goods — Memorandum—Signature of Broker. A broker’s signed contract to buy coffee showing the names of the seller and buyer, date, quality, amount, price and terms of sale, entered in his sale book, constitute a sufficient memorandum of the sale to satisfy the requirements of the statute of frauds.</p> <p>Sales — Brokers—Principal and Agent — Ratification of Purchase by Broker. The purchaser of coffee ratifie