Gafford v. Globe Transfer & Storage Co.

Citations

• 71 Wash. 204
• 128 P. 228
• 1912 Wash. LEXIS 722

Syllabus

<p>Evidence — Oral Evidence — Contract Not Expressed in Warehouse Receipt. Where a warehouse receipt was signed by only one of the parties and mailed to the owner of the goods, oral evidence is admissible to prove an oral agreement as to the place where the goods should be stored and that the receipt did not express the agreement.</p> <p>Bailment — Warehousemen—Special Contract — Breach — Waiver — Question for Jury. It is for the jury to determine whether a bailor’s failure to remove goods amounted to a waiver of a special agreement whereby a warehouseman agreed to store goods on the fourth floor of a building, where the bailor, observing them on the first floor, told the manager that the goods were not stored according to agreement, and protested that the first floor was not a good place to store them.</p>