Clark v. Gerlinger Motor Car Co.

Citations

• 100 Wash. 1

Syllabus

<p>Appeal—Review—Harmless Error—Evidence. On trial de novo on appeal, objections to testimony are immaterial, if enough testimony remains to support the findings.</p> <p>Principal and Agent—Employment — Contract—Liability. A local agent for the sale of automobiles to be delivered to him “as soon as possible” cannot recover for traveling expenses and loss of time in preparing for his work, where no deliveries were made owing to the default of the-manufacturer, whose performance was not guaranteed, the contract expressly excepting liability for loss in that behalf.</p> <p>Same—Rights op Agent—Return op Deposit. A local agent for the sale of automobiles whose employment was terminated by the inability of the manufacturer to deliver any cars, may recover from the selling agent appointing him the amount of his deposit put up as a guaranty for his faithful performance of the contract.</p>