General Lithographing & Printing Co. v. Washington Rubber Co.

Citations

• 55 Wash. 461
• 104 P. 650
• 1909 Wash. LEXIS 783

Syllabus

<p>Contracts — Acceptance—Conditional—Construction by Parties. The parties are shown to have construed a contract as unconditionally accepted, by acting upon it, where it appears from letters that defendant offered to assume payment of a contract for printing a catalogue, “on condition that there will be no additional charges beyond the original contract price of $800,” which was accepted by the plaintiff with the understanding that it was “to have the $800 as originally agreed, and no changes to be made in your copy except at your expense,” that plaintiff stated it thought none would be necessary, but if any were made plaintiff would “expect $1.25 per hour for composition”; and where the defendant thereupon informed the plaintiff to go ahead with the work and furnish proofs, which was done.</p> <p>Contracts — Construction—Guaranty. Where originally plaintiff had a contract with M. company to print a catalogue, which was to be an advertising medium for that company and also for the defendant company, and after delay, the defendant offered to “assume payment” of the contract price on delivery of the catalogue, which offer was accepted, the same amounts to more than a mere guarantee, but is an independent contract for the printing, where defendant’s interest directly appears.</p> <p>Damages — Breach oe Contract — Measure. Upon breach of a contract for a catalogue, upon which work had been done, by refusal to allow the same to be completed, the measure of damages was the reasonable value of the work done, the depreciation in the value of paper purchased for it, and the profit plaintiff would have’ made.</p>