Fox v. Utter

Citations

• 6 Wash. 299
• 33 P. 354
• 1893 Wash. LEXIS 287

Syllabus

<p>SALE — ARTICLES MANUFACTURED TO ORDER — STATUTE OF FRAUDS — DELIVERY AND ACCEPT ANCE — APPEAL — DELAY IN PILING TRANSCRIPT.</p> <p>Although a complaint may be based upon a conLract of sale which is void within the statute of frauds, yet where the ease made by the answer and reply, and tried without objection by the defendant, shows the contract to be one for the manufacture and delivery of an article, the statute of frauds has no application.</p> <p>In case of the manufacture of specific articles upon order, a tender of the manufactured article is a sufficient delivery, without its acceptance by the purchaser.</p> <p>If, upon the tender of a manufactured article ordered by the purchaser, defects of construction or departure from the terms of contract are alleged, they must be pointed out within a reasonable time, and the maker given a chance to repair defects, or acceptance will be presumed.</p> <p>The omission of the clerk to send up the statement of facts with the transcript of the record is not ground for dismissal of the appeal, where the mistake is corrected as soon as discovered.</p>