Hausken v. Hodson-Feenaughty Co.

Citations

• 109 Wash. 606
• 187 P. 319
• 1920 Wash. LEXIS 921

Syllabus

<p>Appeal f 322-1)—Record—Abstracts—Dismissal. Insufficiency of the abstract is not ground for motion to strike it and to dismiss the appeal.</p> <p>Appeal (418)—Review—Findings. It cannot he said that findings are not supported where the testimony was in direct conflict, the court heard and saw the witnesses, and the probabilities were no stronger in favor of one than the other.</p> <p>Sales (105)—Implied Warranty—Breach—Damages. The sale of a tractor without inspection or test, with full knowledge of the particular purposes for which it was desiréd, impliedly warrants the fitness of the machine; entitling the buyer to recover damages for' breach of warranty upon its inability to do the required work.</p> <p>Sales (165)—Warranty—Breach—Measure of Damages. The measure of damages for breach of implied warranty as to the fitness of a tractor for the purposes required, where the price was paid in advance and the machine retained notwithstanding the discovery of defects, is the actual damages which are the natural and probable result of the breach and fairly within the contemplation of the parties; and hence includes special damages incurred in doing the necessary work by teams, under immediate emergencies in the early part of the current season, where the seller was notified of the defects and attempted to remedy them; but not to similar losses in the ensuing year.</p> <p>Sales (164-1) —Warranty—Breach—Damages—Evidence-—Sufficiency. Upon an issue as to the damages from breach of warranty of a tractor, sold for $800.91 and claimed to be worthless, a prima facie case as to the value of the machine at the time it was sold is not necessarily made out by testimony of an apparently hostile witness, formerly defendant’s agent, that at the time of the trial (two years after the sale), it was worth only the price of junk, which witness thought was $20 a ton and that it weighed about 5,000 pounds.</p>