Berlin Machine Works v. Miller

Citations

• 59 Wash. 572
• 110 P. 422
• 1910 Wash. LEXIS 1242

Syllabus

<p>Sales — Contracts—Entire or Severable. A contract of sale of one band resaw and one self-feed ripsaw is severable and not entire, although only one price was fixed for the two machines, where such intent appears from the whole contract, which warranted one of the machines, money paid to be refunded if not as guaranteed, and provided that retention of the other machine after sixty days should constitute a trial and acceptance, the sale of one machine being absolute and the other conditional.</p> <p>Sales — Acceptance—Severable Contract. Where a contract for the sale-of two machines was severable, the acceptance of one does not work an acceptance of the other.</p> <p>Sales — Guaranty—Preference. A guaranty that a saw would cut a given quantity from given materials in a certain time is not fulfilled by the fact that it could cut an equivalent quantity from materials different from those described.</p> <p>Sales — Acceptance—Use After Regulation. The use of a guaranteed saw for five months after its rejection does not constitute an acceptance, where it was unable to do the heavy work for which it was guaranteed, and the vendor did not exercise'* its option to repay freight and remove it from the vendee’s premises, but attempted to correct the defect to make it comply with the guaranty, and never formally tendered it to the vendee.</p> <p>Sales — Recovery of Price — Partial Performance — Severable Contracts. Where a sale of two machines for one price was sever-able, and one of the machines was accepted and used and the other rejected because not up to the guarantee, the vendor may recover the price of the accepted machine, according to the list prices of the two machines, or a fair proportion of the contract price, to be determined by the court.</p>