Goff v. Pacific Coast Steamship Co.

Citations

• 9 Wash. 386
• 37 P. 418
• 1894 Wash. LEXIS 325

Syllabus

<p>ACTION FOR BREACH OF CONTRACT — SUFFICIENCY OF EVIDENCE.</p> <p>In an action against a steamship company for damages for a violation of a contract to furnish one of its steamers for an excursion, a verdict in favor of plaintiff is unwarranted when it appears from the evidence that it was understood between the parties that if the steamship was to be made use of for excursion purposes it would be necessary for the company to have knowledge of the fact on the morning of its arrival in port on a certain day, and such assurances of the fulfillment of the contract on the part of the plaintiff as would authorize the incurring of expense and making preparations for such use of the steamer; that, in view of such circumstances, a written memorandum of agreement between the parties, stipulating that plaintiff should pay $500 of the charter price “on the morning of August 15, 1892, and $500 on August 18, 1892, before sailing of steamer,” made time of the essence of the contract; and that there was no proof of a tender of such sum, at any time during the forenoon of August 15, 1892, nor of any act of the defendant excusing it.</p>