Deer Park Lumber Co. v. Oregon-Washington Lumber & Manufacturing Co.

Citations

• 104 Wash. 531
• 177 P. 336
• 1918 Wash. LEXIS 1218

Syllabus

<p>Appeal (458, 459) — Review—Harmless Error — Pacts Otherwise Established. The exclusion of a letter is harmless where its contents was brought out on cross-examination.</p> <p>Evidence (168, 175) — Parol to Vary Writing — Prior Agreements — Ambiguity. Previous correspondence and evidence of negotiations leading up to a contract for the sale of lumber is not admissible, where there was a complete unambiguous contract by correspondence whereby plaintiff refused to accept defendant’s first order but submitted a confirmation order that was accepted by defendant, and the previous correspondence could throw no light on the terms of the agreement made.</p> <p>Sales (166) — Counterclaim for Damages — Instructions. Upon an issue as to breach of a contract for the sale of lumber, error cannot be predicated upon the failure to include a charge that the obligation to deliver is as great as the obligation to make payment, where the court properly instructed as to the duty of the seller to deliver and make performance, and as to the mutuality of the obligations.</p> <p>Appeal (460) — Review — Harmless Error — Instructions—Prejudicial Effect. Error in instructions as to the defendant’s measure of damages on counterclaim for breach of contract, is harmless, where the jury found for the plaintiff in the exact amount claimed, thus finding that there was no breach of contract.</p>