Culver v. Culliton

Citations

• 77 Wash. 457
• 137 P. 1000
• 1914 Wash. LEXIS 924

Syllabus

<p>Contracts — Performance or Breach — Evidence — Question for Jury. In an action for breach of an oral contract, where the testimony was conflicting, plaintiffs claiming that the defendants had sublet them certain railroad concrete work and guaranteed there would be 1,800 yards of it, while defendants claimed that they did not guarantee any amount, but sublet the concrete work on ten miles of road, subject to any change in plans by the company, be the same more or less, and that they had settled with and overpaid the plaintiffs for all the work done, amounting to 119 yards, the questions are for the jury, under proper instructions; nor could the court say, as a matter of law, that defendants’ tender of 160 additional yards, which could only be done at a loss, would be a substantial compliance with their contract guaranteeing a balance of approximately 1,700 yards.</p>