Carr v. Bonthius

Citations

• 79 Wash. 282
• 140 P. 339
• 1914 Wash. LEXIS 1184

Syllabus

<p>Bums and Notes — Actions—Ownership—Evidence—Sufficiency. In an action upon notes, plaintiffs are shown, to be the owners and the real parties in interest, where it appears that, originally, notes were given by the defendants for the purchase price of machinery, and ma-d'e payable to a harvester company and delivered to it by plaintiffs as security for debts plaintiffs owed the harvester company, that such notes were paid by the notes in suit, which were indorsed by plaintiffs to the harvester company as security for plaintiffs’ debts, but that, at the time the action was brought, plaintiffs’ debts had been paid and the notes in suit redelivered to them.</p> <p>Same — Reasonable Attorney’s Fee — Evidence. In an action on notes and to foreclose a chattel mortgage, the court is competent to judge what is a reasonable attorney’s fee without evidence on the subject.</p> <p>Sales — Breach oe Warranty — Evidence—Sueeiciency. Breach of warranty of a pump for irrigation purposes is not shown by the fact that at times it did not work properly, due entirely to the method of management and not to defects, and where, after use for one season, new notes were given for the price without questioning the warranty.</p>