Hallidie Machinery Co. v. Whidbey Island Sand & Gravel Co.

Citations

• 62 Wash. 604
• 114 P. 457
• 1911 Wash. LEXIS 753

Syllabus

<p>Sales — Price—Installments Due — Defenses—Defects. Installments due on the purchase price of hoisting machinery to be installed and guaranteed by the seller cannot be withheld on account of minor defects, where the contract plainly indicates that the parties had in mind possible defects to be cured after the plant was completed.</p> <p>Replevin — Value of Property — Measure of Damages. In an action to recover machinery or its value, sold under a conditional bill of sale, where there was evidence that it was worth its price, if it had been up to specifications, but that defendant had been damaged by defects and delay in installing it, the proper measure of its value to the plaintiff is the balance due on the contract price, less proper credits to the buyer.</p>