Blake-Rutherford Farms Co. v. Holt Manufacturing Co.

Citations

• 70 Wash. 192
• 126 P. 418
• 1912 Wash. LEXIS 1028

Syllabus

<p>Sales — Breach of Warranty — Remedies of Purchaser — Damages — Rescission—Election. A cause of action for the rescission of the purchase of a traction engine and return of the purchase price for breach of warranty, is inconsistent with a cause of action to recover damages for loss of profits upon work undertaken by the plaintiff for other people upon representations as to the efficiency of the engine; and an election is properly required.</p> <p>Appeal — Review—Harmless Error — Evidence. In an action for breach of written warranty of a traction engine, the admission of oral evidence as to negotiations merged in the written agreement is not prejudicial, where the oral representations did not go beyond the implied warranty that the machine was adapted to the purpose for which it was sold.</p> <p>Appeal — Review—Findings. Findings on conflicting evidence where the witnesses were heard below at first hand are entitled to much weight on appeal.</p>