Case Threshing Machine Co. v. Scott

Citations

• 96 Wash. 566
• 165 P. 485

Syllabus

<p>Sales — Warranty—Breach—'Waiver by Acceptance — Evidence—• Conclusiveness. A satisfaction slip, expressing satisfaction with a tractor sold under warranty, signed after one day’s unsatisfactory 'demonstration by the seller’s expert, is not conclusive evidence of fulfillment of the warranty, breach of which was not seriously disputed; since there was no consideration therefor, and the slip was merely evidence of the fact, especially where its weight was lessened by the testimony of the buyer that he thought he was signing a .slip to show that the expert’s services were satisfactory.</p> <p>Sales — Contract — Warranty — Notice of Defects. A buyer’s breach of a contract requiring immediate written notice to the company of any defect after a ten days’ trial, is not shown where the machinery never worked satisfactorily, the seller’s experts came in•termittently to fix it from the time it was first delivered in April until July 10, written notice was given June 24, the seller had notice of the defects at all stages of the transaction, and the record does not clearly fix when the ten-day period should start to run.</p> <p>Sales — Contracts—Return—Ambiguity. Where a contract for the sale of a tractor provided for delivery, on cars, a provision requiring a return, upon rescission, “to the place where received” is too ambiguous or unreasonable to be enforcible; especially where the seller refused to tell where to deliver it.</p> <p>Sales — Contract — Divisibility—Partial Breach of Warranty. A contract for the sale of a tractor and gang plow, which provided that the order is divisible as to each machine and attachment and that failure of any separate machine shall not affect liability for any other, is a divisible contract where the plow could be used with any traction engine capable of pulling it, although it could not be used without a traction engine; hence breach of warranty as to the tractor did not affect the liability for the plow.</p> <p>Sales — Rescission—Condition