First Church of Christ v. Southern Seating & Cabinet Co.

Citations

• 76 Wash. 367
• 136 P. 127
• 1913 Wash. LEXIS 1820

Syllabus

<p>Sales — Breach of Contract by Seller — Measure of Damages. Upon rejecting goods, because not conforming to tbe contract, tbe purchaser is entitled to recover as damages the difference between the contract price and the fair market value at the time of the rejection, together with the sum advanced to pay the freight.</p> <p>Same — Measure of Damages. Where church pews were rejected because not conforming to the contract, the vendor cannot offset against the vendee’s damages the balance of the unpaid purchase price after deducting the difference between what they were actually worth and the contract price; since there was no acceptance.</p> <p>Sales — Acceptance — Retention and Use. Where church pews were rejected because not conforming to the contract, the purchaser is not precluded from recovering damages by the fact that the pews were left in its possession and used, after notice to the vendor to remove them, the contract having provided that the vendor retained the title.</p>