Galbraith v. Carmode

Citations

• 43 Wash. 456
• 86 P. 624
• 1906 Wash. LEXIS 727

Syllabus

<p>Sale — Breach oe Warranty — Pleading—Damages—Election— Harmless Error. In an action to recover damages for false representations concerning the pedigree of a horse made on a sale of the horse, and also asking statutory damages in double the price paid, allowed in such case by Bal. Code, § 7176, the plaintiff should be required to elect whether he will seek to recover actual or the statutory damages; but failure to do so is not prejudicial to the defendant where only statutory damages were awarded.</p> <p>Appeal — Review—Findings. Findings of the trial court in an action at law tried without a jury will not be disturbed on appeal where the evidence is conflicting and unsatisfactory.</p> <p>Sale — Breach oe Warranty — Damages. In an action for false representations respecting the pedigree of a horse sold, the plaintiff is not entitled to recover both actual damages and statutory damages in double the price paid, under Bal. Code, § 7176.</p> <p>Appeal — Review—Harmless Error — Damages—Breach oe Warranty. When the actual damages shown by reason of false representations concerning the pedigree of a horse do not exceed the amount of statutory damages allowed in double the purchase price in such case, under Bal. Code, § 7176, the plaintiff is not injured by the allowance of statutory damages since both actual and statutory damages are not recoverable.</p>