Cuschner v. Pittsburgh-Hickson Co.

Citations

• 91 Wash. 371
• 157 P. 879
• 1916 Wash. LEXIS 1063

Syllabus

<p>Sales — Goods Not Ordered— Acceptance — Recovery op Money Paid. There can be no recovery for a sum paid for a carload of goods received, some of which were not ordered, where notice of rejection was not given within a reasonable time, and part of such goods were resold in the regular course of business, as there was an acceptance.</p> <p>Same — Goods Not Delivered — Recovery op Money Paid. Where a carload of furniture included goods not ordered but which were accepted, there can be no recovery for goods ordered but not shipped unless the value thereof exceeded the reasonable value of the accepted goods in the car.</p> <p>Sales — Damages to Buyer — Prospective Profits — Proof. In an action for damages through delay in filling an order for a carload of furniture, the evidence of the plaintiff and one of his salesmen that, if the goods had been received in time, they could have been sold at a profit of $650, amounts to no more than an opinion or guess, and is insufficient to sustain a verdict for substantial damages; as prospective profits must be shown with reasonable certainty.</p>