Fred W. Wolf Co. v. Northwestern Dairy Co.

Citations

• 55 Wash. 665
• 104 P. 1123
• 1909 Wash. LEXIS 819

Syllabus

<p>Sales — Acceptance—Test to Determine — Pleading—Issues. In •an action for the price of an ice making plant sold under a contract providing for a specified test to determine whether the plant was up to the guarantee, and that at such time the plant should be either rejected or accepted, acceptance to be conclusive and a complete discharge, an answer denying performance according to the guarantee raises no issue, where its effect is offset by admissions showing the performance of the work, a satisfactory test, and an unqualified acceptance by the defendant.</p> <p>Same— Warranty — Breach—Effect of Acceptance. In such a case, a breach of warranty, due to a latent defect not discovered until after the test and acceptance, is no defense or ground for counterclaim, in the absence of fraud.</p> <p>Same — Pleadings—Answer—Judgment on-Pleadings. Where the material allegations of a complaint on contract of sale are admitted by the answer, and an alleged breach of warranty set up as a coun■terclaim is defeated by the admitted acceptance of the work pursuant to a stipulated test whereby the guarantee was to be determined within a time limited, it is proper to enter judgment for the plaintiff on the pleadings, it not appearing that any amendment to -the answer could be made, or that leave therefor was asked.</p>