Gardiner v. Gyorog

Citations

• 109 Wash. 660
• 187 P. 318
• 1920 Wash. LEXIS 920

Syllabus

<p>Sales (29) — Construction — Subject-Matter — Quantity and Ascertainment Thereof. A contract for the sale of three tons of cascara bark and also all bark that defendant “shall peel or have for sale during the season” does not include bark in excess of three' tons in the possession of the defendant which he did not peel and was not offering for sale that season.</p> <p>Injunction (6, 7)—Inadequacy of Remedy at Law—Recovery of Damages. The inadequacy of the remedy at law for breach of a contract to sell cascara bark which could have been purchased elsewhere at a small advance, is not sufficiently shown where the only evidence of defendant’s insolvency was the. inference to be drawn from the fact that he was the head of a family, and that he owned a home worth $300, an automobile worth $400, and one ton of cascara bark.</p>