Holt Manufacturing Co. v. Strachan

Citations

• 77 Wash. 380
• 137 P. 1006
• 1914 Wash. LEXIS 908

Syllabus

<p>Sales — Breach of Warranty — Rescission—Damages. Purchasers of a combined harvester and threshing machine, upon rescinding the sale, cannot recover damages for loss of crops and expenses incurred in attempting to harvest their crops.</p> <p>Election of Remedies- — Conclusiveness. A definite election of one of two inconsistent remedies, by a party cognizant of the material facts is conclusive, and bars recovery on the alternative remedy.</p> <p>Appeal — Review—Harmless Error. In an action for the price of a combined harvester and threshing machine, defendants’ election at the first trial to keep the machine and recover damages, does not necessarily make it reversible error to allow, at the second trial, an answer setting up a rescission, where on the undisputed facts, there was either a settlement or a rescission, and the court by reducing the verdict held the defendants to the theory of a rescission.</p> <p>Sales — Rescission — Return of Consideration — Statu Quo. Where, upon the sale of a combined harvester and threshing machine, the purchasers were allowed a credit of $800 for a half interest in machines previously sold, and which machines remained in their possession, they cannot, on rescinding the sale, recover $800 as though a payment in money had been made; since the vendor is entitled to be placed in ’statu quo, and the vendees’ possession of the old machines is a sufficient return of the consideration and satisfies the law.</p>