Ketchum v. Stetson & Post Mill Co.

Citations

• 33 Wash. 92
• 73 P. 1127
• 1903 Wash. LEXIS 493

Syllabus

<p>Sales—Validity—Goods not in Esse. The objection that a sale of logs is void because they were not in existence at the time the sale was made, can not be urged by the purchaser after the contract is fully executed except as to paying the purchase price.</p> <p>Sales—Agreed Price—Statement of Account—Conclusiveness. An agreed price for goods sold is sufficiently shown by the vendor, where the vendee made a statement of the account at the price contended for, and such statement is conclusive as to the items specified, notwithstanding a disputed counterclaim for damages.</p> <p>Sales—Implied Warranty-—Latent Defect—Injury to Mill by. There is no implied warranty rendering the vendor of a boom of logs responsible for injuries to the vendee’s mill by reason of a piece of iron imbedded in one of the logs, when the vendor was not the manufacturer and had no notice of the defect and the vendee inspected the logs before running them through his mill.</p>