Baker v. Shaw

Citations

• 68 Wash. 99
• 122 P. 611
• 1912 Wash. LEXIS 1256

Syllabus

<p>Sales — Options—Withdrawal. An option to buy, although given without consideration, cannot be withdrawn after its acceptance within the time fixed.</p> <p>Sales — Options'—Acceptance—Partial Payment. Where an option to buy stock was accepted, and the parties entered into a supplemental agreement whereby the buyer agreed to make a deposit in a specified bank, the deposit is shown to be a partial payment by the provision “balance due on inventory to be paid when said inventory book is extended and footed” by the seller.</p> <p>Sales — Contracts — Construction — Options—Election. Under acceptance of an option to buy stock, which also included an option on certain bills receivable at a certain per cent of their face, and a supplemental agreement whereby the seller was to make an inventory of the accounts, the buyer is not called on to exercise his election to take the accounts until the inventory was completed and submitted.</p> <p>Sales — Contracts—Certainty—Price—Agreement to Sell. Upon an agreement to sell corporate stock and personal property for a stipulated price, without reference to any liabilities, it will be presumed that no liabilities existed, or that they were to be deducted from the agreed price, and the contract is not void for uncertainty in failing to mention the liabilities.</p>