Bridgeport Milling Co. v. Columbia & Okanogan Steamboat Co.

Citations

• 85 Wash. 336
• 148 P. 6
• 1915 Wash. LEXIS 840

Syllabus

<p>Appeal — Review—Presumptions — Amendments to Conform to Proof. A complaint in an action on contract for tbe transportation of wheat in tbe fall of 1911, will, if necessary, be deemed amended on appeal to conform to tbe proof, admitted without objection, of a subsequent modification of tbe contract as construed and agreed to by tbe parties, for tbe transportation of tbe wheat in the spring of 1912.</p> <p>Carriers — Contracts—Breach — Delay — Damages — Defenses. Liability for damages for unreasonable delay by a steamboat company in transporting wheat down tbe river pursuant to its contract with plaintiff, whereby plaintiff lost an advantageous sale of tbe wheat to a milling company, cannot be avoided by tbe steamboat company on tbe claim that plaintiff’s contract with tbe milling company was an absolute sale at tbe point up tbe river where tbe wheat was located, where in fact tbe sale was dependent on the transportation of tbe wheat, and was rescinded by tbe milling company for failure to transport and deliver tbe wheat.</p>