Caldwell Bros. & Co. v. Coast Coal Co.

Citations

• 58 Wash. 461
• 108 P. 1075
• 1910 Wash. LEXIS 957

Syllabus

<p>Sales—Contbact—Acceptance—Evidence—Sufficiency. An offer to sell and deliver one article f. o. b. at S. and another article f. o. b. at T., will be considered as unqualifiedly accepted by an acceptance of both articles to be delivered f. o. b. at T., where there was evidence of an oral acceptance of the proposal, both parties' acted upon the contract as consummated, and the purchaser received and paid for part and claimed damages as to the balance.</p> <p>Sales—Peefobmance—Pabtial Payments—Effect—-Settlement, Upon a sale of two articles for a lump sum, and the refusal of the vendee to accept one of them because of alleged insufficiency, the vendor’s acceptance of a sum of money in payment for one of the articles, as a full settlement of that portion of the contract, does not preclude him from recovering the balance of the contract price, nor limit the recovery to the reasonable value of the other article, if the contract was fully performed.</p> <p>Evidence—Admissions—Declabations of Agent—Pbinclpal and Agent. The admission of an agent that his principal’s contract had not been performed and would not be enforced, made after the transaction and after the controversy arose, is not competent as an admission against interest, being only an expression of an agent’s opinion upon past rights and obligations.</p> <p>Sales—Contbact—Wabbanty. A contract to manufacture and sell “one 400-ton Howe coal washer,” according to plans and specifications, which designated it as a Howe coal washer, “Capacity 400-tons per day,” and which plans were prepared and agreed upon in detail, is not a guarantee that it is capable of washing 400 tons of coal a day, and is not breached by want of such capacity where it was made according to the specifications.</p>