Gile v. Tsutakawa

Citations

• 109 Wash. 366
• 187 P. 323
• 1920 Wash. LEXIS 922

Syllabus

<p>Arbitration and Award (2)—Agreement to Arbitrate—Construction. An agreement to arbitrate any dispute arising as to the proper fulfillment of a contract for the sale of prunes does not submit to arbitration a dispute as to the proper construction of trade terms in the contract fixing the price to be paid.</p> <p>Same (2)—Construction by Parties—Effect of Tender. A tender to arbitrate a dispute not submitted by the arbitration agreement would not have the effect of reading the same into the contract.</p> <p>Sales (6, 19)—Parties—Relation to Transaction. A contract for the sale of a car load of prunes is not affected by the fact that by mistake one of the duplicate copies was made out on a printed form of another company.</p> <p>Same (19)—Estoppel or Waiver. The purchasers of a car load of prunes are estopped to claim that their contract was with another company represented by the same broker, where, after the car was shipped and bill of lading and draft sent, they complained about the price, offering to pay part, and did not deny the contract.</p> <p>Custom and Usage (6)—Evidence (159)—Parol Evidence outbade Meaning. Oral evidence is admissible that the words “bulk basis” in a contract for the sale of a car load of prunes has a technical or trade meaning, generally known and recognized by the trade; especially when all the parties are connected with the trade, as they are conclusively presumed to know the trade language.</p> <p>Partnership (36)—Rights and Liabilities of Partners—Sales. Where the buyer of a car load of prunes and the broker had a partnership interest in the purchase arid the broker knew the trade meaning of the words “bulk basis” used in the contract, the buyer, as a partner, is conclusively presumed to have knowledge thereof.</p> <p>Brokers (4)—Authority—Construction of Contract. A broker whose sole authority was to find a purchaser willing to buy a ear load of prunes, has no authority to construe the contract or to bind the seller by representing