Cary-Davis Towing Co. v. Spradley

Citations

• 115 Wash. 93
• 196 P. 655
• 1921 Wash. LEXIS 711

Syllabus

<p>Contracts (176)—Actions foe Breach—Issues and Proof. In an action to recover on a towage contract, in which defendant counterclaimed for damages suffered by reason of plaintiff’s failure to comply with its agreement to notify him of the loading and quantity of lumber so he could procure insurance thereon, a further allegation that, by reason thereof he “was prevented from fulfilling his contract with” the shipper “relative to the insuring of the cargo against marine loss,” was not of the substance of the issue, since he had a right to recover for a loss upon the agreement upon which he relied, notwithstanding he might have protected himself against an anticipated breach by the procurement of an open policy of insurance.</p> <p>Same (24, 58)—Consideration—Mutual Promises—Preliminary Negotiations. Where a tentative arrangement for a towage contract was completed some ten days later, a promise at the latter time to notify defendant of the loading of the cargo so he could procure insurance thereon is supported by the mutual promises, express and implied, made by the one to the other, as consideration for the towage contract.</p> <p>Carriers (7)—Control and Regulations—Contracts in Violation—Special Privileges. The public service commission law, Rem. Code, § 8626-18, prohibiting common carriers from extending privileges to a shipper, except those regularly extended to all corporations under like circumstances, is aimed at unjust discrimination, and does not preclude special contracts for the carriage of particular property.</p> <p>Evidence (105)—Hearsay—Oral Statements. Testimony by parties to a conversation as to what was said between them is not objectionable as being in the nature of hearsay.</p> <p>Appeal (124)—Preservation of Grounds—Specific Objection to Evidence. Objection cannot be urged on appeal that the reasonable value of services was not put in evidence, when objection at the trial was based on other grounds.</p>