Harrild v. Spokane School District

Citations

• 112 Wash. 266
• 192 P. 1
• 19 A.L.R. 811
• 1920 Wash. LEXIS 736

Syllabus

<p>Jury (4) —Right to Jury Trial — Legal or Equitable Action. An action to recover a sum of money, in which the defense was lack of indebtedness because of non-compliance with the contract, is strictly a law action and triable by a jury.</p> <p>Evidence (S3)—Demonstrative Evidence — Models—Discretion of Court. In an action to recover the price of school desks manufactured for the defendant, it is discretionary to refuse to allow defendant to display other desks for comparison, it not being shown that the model desks were of the same quality or character as those delivered.</p> <p>Contracts (144)—Substantial Performance—Manufacture of Chattels for Special Use. The doctrine of substantial performance applies to contracts for the manufacture of chattels according to plans and specifications, for a special use.</p> <p>Same (144)—Substantial Performance—Instructions. In an action for the price of school desks manufactured according to plans and specifications in which the court instructed that plaintiff could recover if he had tried to follow the plans and specifications and the desks delivered were substantially as required by the contract, it is not error to refuse a requested instruction that the plans and specifications were a part of the contract and that plaintiff must show by a preponderance of the evidence that he complied strictly with the contract.</p>