Hallidie Co. v. Washington Brick, Lime & Manufacturing Co.

Citations

• 70 Wash. 80
• 126 P. 96
• 1912 Wash. LEXIS 1004

Syllabus

<p>Appeal — Preservation of Grounds — Exceptions—Sufficiency. General exceptions to findings of fact, stated to the judge at the time of filing the findings, noted by the judge at the foot of the findings specifying the findings excepted to by number, are sufficient to obtain a review of the findings; and in the absence of any showing to the contrary, it will be presumed that the notation of the exceptions was made by the judge.</p> <p>Same — Necessity of Exceptions. Exceptions to the conclusions of law or to the judgment are not necessary to obtain a review of the findings and judgment.</p> <p>Courts — Decisions—Stare Decisis. A settled construction of statutes respecting practice will not be departed from unless the gravest necessity exists therefor.</p> <p>Sales — Breach of Guaranty — Damages—Defenses. The purchaser of a guaranteed engine and boiler cannot offset against the price losses incurred in its business while attempting to use it with a boiler capacity that was insufficient to generate sufficient steam to operate the engine to its guaranteed capacity, where the manufacturer was not responsible for the insufficient boiler capacity; nor where the same was accepted after remedying the defect by increasing the boiler capacity, and it was not shown that the losses were suffered solely by the failure of the vendor to furnish an engine complying with the guaranty within the time fixed by the contract.</p> <p>Appeal — -Review—Findings—Pleading and Proof. A finding that a corporation purchasing a business of another assumed all obligations incurred in the business cannot be predicated alone on allegations that were denied, there being no evidence on the subject.</p> <p>Costs — On Appeal — Partial Reversal. On reversing a judgment as to one defendant and affirming as to another, where there was no segregation of the appeals,, plaintiff will recover one-half of its costs, and pay to the successful defendant one-half of the appellant’s costs.</p>