Culp v. Kirkman

Citations

• 79 Wash. 440
• 140 P. 346
• 1914 Wash. LEXIS 1188

Syllabus

<p>Contracts — Breach—Waiver. Plaintiff having contracted with defendant to clear and level defendant’s land as rapidly as possible after the first forty was .ready for seeding, at the agreed price of $25 per acre, $20 of which was to be paid whenever twenty acres had been leveled and cleared, and to seed the same to Alfalfa, taking a share in the crops produced during the life of the contract, which was to run about five years, there was a breach of the contract by defendant, where the defendant, after the time arrived' for seeding the first forty, denied the plaintiff the right to proceed with the preparation of more land; and the breach was not waived by the fact that plaintiff, in the preceding fall, had acquiesced in defendant’s request to discontinue further grading and leveling “during the present fall at least” on account of financial stringency.</p> <p>Appeal — Harmless Error — Instructions. Error cannot be based upon an instruction seeming to narrow the issues, where the instructions, read as a whole, did not have that effect.</p>