Buchanan v. Laber

Citations

• 39 Wash. 410
• 81 P. 911
• 1905 Wash. LEXIS 878

Syllabus

<p>Appeal—Review—New Trial—Affidavits. Upon appeal from an order granting a new trial, the supreme court will not consider an affidavit that was struck out at appellant’s request.</p> <p>New Trial—Jury—Misconduct—Party Treating a Juror. A new trial is properly granted for misconduct of a juror where it appears that, during the progress of the trial, he engaged in private conversations, and drank in a saloon, with a party to the suit.</p> <p>Sales—Warranty-—Evidence by Parol to Vary Writing. Evidence of an oral warranty of a gasoline engine is not admissible where it was sold by a written contract referring to a printed catalogue for the terms of the warranty, which must control, and cannot be varied by parol.</p> <p>Sales—Warranty—Waiver—Question for Jury. In an action for breach of warranty on the sale of an engine it is not necessary to show notice to the manufacturer of defects within five days as provided in the contract, where the evidence tends to show a waiver of the notice, making the waiver and warranty questions for the jury.</p>