Cunningham v. Allen

Citations

• 46 Wash. 550
• 90 P. 920
• 1907 Wash. LEXIS 661

Syllabus

<p>Sales — Contract—Quantity—Construction—Acceptance — Sufficiency of Evidence. The evidence is insufficient to show an entire sale of a quantity of coal, where it appears that, after negotiations for its sale at $10 per ton, at which no definite agreement was made, the vendee directed his foreman to take what he needed; that the foreman, after taking some, ordered a harge load to he delivered by a carrier; that the vendor, learning thereof, sent notice by the carrier tnat if any was taken all must be taken, but the foreman refused to accept the coal on that condition and ordered it returned; that the carrier thereupon unloaded the coal, saying he thought it would he all right, and subsequently the foreman took more of it.</p>