Hewson v. Peterman Manufacturing Co.
Citations
- 76 Wash. 600
- 136 P. 1158
- 1913 Wash. LEXIS 1978
Syllabus
<p>Frauds, Statute of — Goods, Wares, and Merchandise — Corporate Stock — Future Issue. Corporate stock is goods, wares and merchandise within the meaning of the statute of frauds, Rem. & Bal. Code, § 5290, requiring contracts for the sale thereof for the price of fifty dollars or more to be in writing; and a contract for the sale of corporate stock to be issued and delivered at a future date is within the statute.</p> <p>Same- — Sale of Goods — Part Payment. The resignation, by the purchaser of corporate stock, of a position he held with a third party, as part of his agreement to purchase the stock of the defendant, so that he could accept a position with the defendant, is not the giving of “something in earnest to bind the bargain or in part payment,” within the meaning of the statute of frauds, Rem. & Bal. Code, § 5290, requiring contracts for the sale of goods, wares, and merchandise for the price of fifty dollars or more to be in writing, unless something'be given in earnest or in part payment.</p> <p>Corporations — Officers—Contracts for Employment ■— Breach. The position of “bookkeeper under the title of secretary and treasurer” of a corporation is a position of “responsibility and trust,” and the incumbent would be removable at will; hence no more than nominal damages could be recovered for breach of contract to employ one in such position.</p> <p>Damages — Actions—Issues and Peooe — Nominal Damages. In an action merely for damages for breach of contract, failure to prove substantial damages is failure to prove the substance of the issue and warrants a dismissal of the action.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]he law ‘does not concern itself 22 with trifles.’ The case will not be retained for the purpose of determining the question of 1 nominal damages.” (citation omitted) (quoting Matzger v. Page, 113 P. 254, 255 (Wash. 2 1911))
Source: CourtListener parenthetical corpus (CC0).
Judges: Gose
Read full opinion on CourtListenerCited by
15 cases in this archive cite this case.
- Burns v. GouldSupreme Court of Connecticut· 1977-01-11· cited 52×
- Coleman v. St. Paul & Tacoma Lumber Co.Washington Supreme Court· 1920-03-18· cited 28×
- Sousa v. First California Co.California Court of Appeal· 1950-12-29· cited 20×
- Illinois-Indiana Fair Ass'n v. PhillipsIllinois Supreme Court· 1927-12-21· cited 17×
- Lincoln Sav. Bank v. BrownEmergency Court of Appeals· 1943-05-07· cited 15×
- Williams v. Great Northern Railway Co.Washington Supreme Court· 1919-09-24· cited 9×
- Lee v. DunbarDistrict of Columbia Court of Appeals· 1944-04-14· cited 9×
- Spencer v. McGuffinIndiana Supreme Court· 1921-03-29· cited 7×
- Benner v. BillingsWashington Supreme Court· 1919-05-12· cited 6×
- Murray v. MacDougall & Southwick Co.Washington Supreme Court· 1915-12-03· cited 6×
- Barager v. Arcadia Orchards Co.Washington Supreme Court· 1916-05-20· cited 5×
- Alm v. JohnsonIdaho Supreme Court· 1954-10-29· cited 3×
- Steeple v. Max Kuner Co.Washington Supreme Court· 1922-07-15· cited 2×
- State v. BuckleyWashington Supreme Court· 1917-10-06· cited 2×
- Illinois-Indiana Fair Ass'n v. PhillipsAppellate Court of Illinois· 1926-07-01· cited 1×
Cites
10 cases in this archive are cited by this case.
- Woodhouse v. PowlesWashington Supreme Court· 1906-09-10· cited 30×
- Casassa v. City of SeattleWashington Supreme Court· 1913-09-11· cited 26×
- Franklin v. Matoa Gold Min. Co.Eighth Circuit· 1907-12-28· cited 23×
- Llewellyn v. Aberdeen Brewing Co.Washington Supreme Court· 1911-10-13· cited 20×
- Sprague v. HosieMichigan Supreme Court· 1908-11-30· cited 14×
- Harris v. JohnsonWashington Supreme Court· 1913-09-08· cited 10×
- Matzger v. PageWashington Supreme Court· 1911-02-09· cited 9×
- Reynolds v. ScriberOregon Supreme Court· 1902-06-03· cited 9×
- Walrath v. InglesNew York Supreme Court· 1869-06-29· cited 4×
- White v. DrewNew York Supreme Court· 1878-06-15· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.