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>