Ingalls v. Angell

Citations

• 76 Wash. 692
• 137 P. 309
• 1913 Wash. LEXIS 1877

Syllabus

<p>Limitation of Actions — On Contracts — Written or Oral. Where a written order for nursery stock did not contain anything as to the price of trees, and resort must be had to oral testimony, an action thereon for breach of warranty arises out of a contract partly oral and partly written, and is accordingly barred within three years after the action accrues, by Rem. & Bal. Code, § 159, relating to actions on oral contracts.</p> <p>Sales — Warranty—Nursery Stock — Construction. Upon a sale of nursery stock, under a warranty that the trees sold were Carman peach trees, it was intended to warrant that the peaches produced, if any, would be of that variety.</p> <p>Limitation of Actions — Accrual of Action — Future Event— Warranty of Nursery Stock. An action for breach of warranty of nursery stock, warranting that the peaches produced, if any, would be Carman peaches, does not accrue, and the statute of limitations does not begin to run, until a reasonable time has elapsed to ascertain the truth.</p>