John A. Roebling's Sons Co. v. Washington Alaska Bank

Citations

• 56 Wash. 102
• 105 P. 174
• 1909 Wash. LEXIS 856

Syllabus

<p>Sales — Rescission—Time for Delivery. Upon tbe sale in August of goods to be delivered at F. in Alaska before the close of navigation, tbe vendees may rescind tbe sale in March for failure to deliver tbe goods before the'close of navigation.</p> <p>Sales — Performance—Rescission—Delivery and Character of Goods. Where, in order to secure wire cable before tbe close of navigation, tbe vendee agreed to take cable of a larger size than desired, then held in stock by tbe vendor, and agreed to pay the freight, and in the following March rescinded tbe sale for nondelivery and ordered cable of tbe smaller size to be delivered by tbe first steamer, to which tbe vendor replied that tbe goods -would, be shipped by tbe first steamer, without specifying tbe size, tbe order was for tbe smaller size, justifying tbe vendees in refusing to accept larger cable on which tbe freight charges were $400 in excess of charges on tbe smaller cable.</p> <p>Sales — Delivery—Place. An agreement to deliver cable at F., in Alaska, is not performed by delivering tbe same at C., ten miles distant from F.</p> <p>Sales — Resting in Parol — Written Escrow — Evidence to Vary-Writing. Where there was an oral sale of cable and other articles of a certain size, to be delivered at F., Alaska, before the close of navigation, upon which, the purchase price was deposited in bank under a written escrow agreement which did not specify the time for delivery nor the size of the cable, the contract may be proved by parol, as the escrow was only for the purpose of defining the duties of the hank and did not purport to state all the terms of sale.</p> <p>Costs — Taking Depositions — Allowance. Where it appears that $100 was actually expended in taking depositions, an allowance of $40 costs therefor will not he aisturbed on appeal.</p>