Gleason Co. v. Carman

Citations

• 109 Wash. 536
• 187 P. 329
• 1920 Wash. LEXIS 924

Syllabus

<p>Evidence (169)—Parol Evidence to Vary Writing—Completeness of Writing. A written offer to manufacture for defendant’s shop special design lighting fixtures as per plans submitted, which plaintiff’s complaint showed were unusual and for defendant’s special use, is so incomplete as to admit proof of a special warranty of fitness and efficiency.</p> <p>Sales (103)—Warranties—Inspection, Examination or Test. Upon an issue as to whether there was a collateral oral warranty that articles manufactured for defendant’s special purpose would meet the requirements, the fact that plaintiff installed one of the articles to ascertain if it would meet the requirements must be taken as an admission of an outstanding warranty as to its efficiency.</p> <p>Sales (108)—Implied Warranties—-Fitness for Purpose Intended. Upon an executory sale by a manufacturer of articles to be made for a special purpose, there is an implied warranty of fitness for the purpose intended.</p> <p>Sales (127)—Actions for Price—Defenses—Fraudulent Representations. It is a good defense to an action for the price of special electric light fixtures manufactured for a special usé in the defendant’s shop, that defendant was induced to enter into the contract by false representations as to the efficiency of the articles, being without knowledge of the subject-matter, even if the seller did not know the statements were false.</p>