Hughes v. Eastern Railway & Lumber Co.

Citations

• 93 Wash. 558
• 161 P. 343
• 1916 Wash. LEXIS 1225

Syllabus

<p>Frauds, Statute or — Sales—Executed Oral Contract — Evidence —Sufficiency.' Where parties negotiated for a written contract for the sale of logs and failed to make a formal writing, but entered upon performance and logs were cut and delivered and paid for at the price apparently agreed upon, the courts will treat the contract as an executed oral contract, and the jury is warranted in finding a binding contract to sell and to buy.</p> <p>Logs and Logging — Sales — Breach of Contract — Measure of Damages — Mitigation. Upon a breach of a contract to buy logs and a refusal to accept delivery, the seller’s measure of damages is the difference between the contract price and the market value at the time and’ place agreed upon for delivery; hence it is admissible to show that the seller resold the balance of the logs upon more advantageous terms and so suffered no damages, the .court taking into consideration such elements as the delay and expense incurred in the resale.</p> <p>Same — Contract —- Breach of Contract — Prospective Profits— Market — Evidente. The rule allowing the seller his prospective profits in such a case applies only where there is no market, or the commodity, is manufactured to meet a purpose leading away from, rather than into, a market; and a resale is competent evidence to prove a market.</p> <p>Contracts — Oral Contracts — Burden of Proof. In an action •upon an executed oral contract for the sale of logs, there being no written contract to overcome by clear and convincing evidence, it is sufficient to establish the oral agreement by a preponderance of the evidence.</p>