Continental Trading Co. v. Seattle National Bank

Citations

• 116 Wash. 479
• 199 P. 743
• 1921 Wash. LEXIS 855

Syllabus

<p>Sales' (77, 82)—Evidence (104)—Hearsay—Excuse for Failure to Deliver. In an action by a trading company for the return of a deposit of money made by it to secure a contract of sale and delivery of one hundred tons of Chinese peanuts to be shipped from Japan within specified dates, which it alleged it was excused from performing under the boycott and strike provisions of the contract, it is incompetent, upon an issue as to the existence of a boycott in Chinese ports against loading vessels carrying the Japanese flag, to offer the testimony of one who had not been within four hundred miles of the Chinese port from which the shipment was to be made, or letters and telegrams from correspondents in Japan referring to the boycott and its effect on the proposed shipment, based upon reports and hearsay, and not under oath; none of the evidence going to the fact that the particular shipment from China to Japan was prevented by the boycott or strike.</p>