Charles Passow & Sons v. Kirkwood Distillery Co.

Citations

• 54 Wash. 196
• 103 P. 34
• 1909 Wash. LEXIS 971

Syllabus

<p>Evidence —• Parol Evidence to Vary Whiting — Contracts. A written contract for the sale of goods on consignment providing the compensation for the services of the consignee shall be the excess of the selling price over the prices fixed by the consignor, cannot be varied by parol evidence that the consignors agreed to fix a price ten per cent less than the regular list price; when the course of dealing showed that such oral agreement had not been omitted from the written contract by inadvertence or mistake.</p> <p>Same. A contract for the sale on consignment of such goods as the consignors shall see fit to send to the consignee at Spokane, Washington, cannot be varied by parol evidence that the consignees were to have the exclusive agency for the sale of the consignor’s goods in the states of Idaho and Washington.</p> <p>Same. Where a bill of goods was ordered prior to the parties’ entering into a written contract to sell goods on consignment, but was not delivered until thereafter, oral evidence that the parties agreed that the bill be paid for under the terms of the contract does not vary the terms of the contract, and is admissible.</p> <p>Trover and Conversion — Factors—Refusal to Return Goods Held on Consignment. Where the consignee refuses to return unsold goods, held for sale on consignment, “free on board cars consigned to the consignor” as required by the contract, the latter may treat such refusal as a- conversion and recover the value.</p>