Dickinson Fire & Pressed Brick Co. v. Crowe & Co.

Citations

• 63 Wash. 550
• 115 P. 1087
• 1911 Wash. LEXIS 1243

Syllabus

<p>Sales — Warranty of Quality — Waiver—Rescission — Damages for Breach. Upon a sale of brick for a Federal building, the purchaser waives the right to rescind the sale for defects as to quality by delaying for sixteen months to give the seller any definite information regarding the number of brick rejected by the supervising architect; and in an action for the price can only offset such damages as it has sustained.</p> <p>Sales — Action for Price — Counterclaim — 'Damages. Where brick of varying size and color were mixed at the request of the buyer, who knew that they were dirty and needed cleaning, in an action for the price an offset of $100 damages for expense in sorting and cleaning the brick is an ample allowance, there being no definite testimony to show that such expense should not have been anticipated from a mixture of the grades.</p> <p>Sales — Action for Price — Interest — Counterclaim. Upon a cash sale of brick, an unliquidated counterclaim for damages for breach of warranty as to quality will not prevent the recovery of interest from the time the demand accrued on the balance found due.</p>