Carroll v. Caine

Citations

• 27 Wash. 402
• 67 P. 993
• 1901 Wash. LEXIS 467

Syllabus

<p>ACTION FOR BREACH OF CONTRACT-SUFFICIENCY OF COMPLAINT.</p> <p>Where a complaint alleges a contract whereby defendants undertook to lighter a cargo of lumber from a vessel and deliver same to plaintiffs’ yard, and that defendants’ took possession of the lumber and delivered a portion thereof to plaintiffs, hut neglected and refused to deliver the remainder, it states a cause of action for the breach of a contract entitling praintiff to recover only such damages as naturally flow from failure to deliver, but the complaint cannot he held to allege conversion or the loss of the lumjber to plaintiff. (Dunbar, J., dissents).</p> <p>SAME-EVIDENCE.</p> <p>Under such a complaint, evidence tending to show loss of any portion of the lumber is inadmissible.</p> <p>SAME--INSTRUCTIONS-MEASURE OF DAMAGES.</p> <p>In an action to recover damages for the breach of a contract to deliver a cargo of lumber from the vessel to plaintiffs’ yards, in which the evidence shows that the lumber had been lightered to the beach and only a portion delivered to plaintiffs, hut there was no evidence as to the cost of hauling the undelivered portion from the beach to plaintiffs’ yards, an instruction was erroneous which charged the jury that, if they found for plaintiffs, the measure of damages would he such sum as it would cost plaintiffs to remove the remainder of the lumber from the beach to tbe yard, as tbe true measure was tbe difference between the actual cost and tbe contract price.</p>