Barry v. Danielson

Citations

• 78 Wash. 453
• 139 P. 223
• 1914 Wash. LEXIS 1044

Syllabus

<p>Sales — Breach of Condition — Rescission by Purchaser — Note for Purchase Price — Failure of Consideration. There is a complete failure of consideration for notes executed for the purchase price of a Howard player piano, which defendant had agreed to purchase, where a piano of a different make was sent and defendant refused to accept the same; since there was a breach of a condition of the contract, authorizing a rescission, and not merely a breach of a collateral warranty entitling the purchaser to damages.</p> <p>Bills and Notes — Holder in Due Course — Evidence—Question for Jury. Whether the plaintiff was the holder in due course of a promissory note given by defendant to a piano manufacturer in another state, consideration for which failed by reason of a breach of a condition of the sale, is a question for the jury, although the payee and holder both testified to the effect that the note was transferred for value before maturity, without notice, where it appears that the holder had notice that the note had been detached from a sales contract, and the note was discounted, under an agreement whereby the holder was to reduce the note to judgment before making any claim on the payee, who had indorsed “without recourse,” and who, after the transfer, offered to grant the maker an extension of time for payment.</p>