Eichbaum v. Caldwell Bros.

Citations

• 58 Wash. 163
• 108 P. 434
• 1910 Wash. LEXIS 911

Syllabus

<p>Appeal—Review—Harmless Error. On trial de novo after a trial before the court without a jury, error in admitting incompetent evidence is immaterial where the findings are sustained by competent evidence.</p> <p>Sales—Action por Price—Warranty—Breach—Evidence—Competency. In an action for the price of a pump of a certain capacity and guaranteed weight, evidence that the parties did not know the weight of a pump of that capacity is admissible as bearing upon the question whether the weight was necessary to insure the capacity, a lighter weight having been accepted and damages claimed by the defendant.</p> <p>Same—Damages for Breach of Warranty—-Waiver. The purchaser of a pump of a certain capacity and of “guaranteed weight 35,000 lbs.” cannot recover damages because the pump delivered weighed only 27,000 lbs., if the lighter pump actually performed every function of a pump of the heavier weight and was equally serviceable, durable, and valuable, as the guarantee is waived by receiving the lighter pump.</p> <p>Same—Delay in Delivery—Losses Not Contemplated. In an action for the price of a pump to be manufactured and shipped within a specified time, the defendant cannot recover loss of rentals during delay in delivery, where there was nothing to show that such damage was within the contemplation of the parties or actually sustained, or that there was any opportunity to rent it if it had been promptly delivered, and it was received before the defendant was ready to use it.</p>