Klock v. Newbury

Citations

• 63 Wash. 153
• 114 P. 1032
• 1911 Wash. LEXIS 1172

Syllabus

<p>Sales — Rescission—Waives, Repairs on a touring car, which did not materially change its condition, do not waive the purchaser’s right to rescind the sale for breach of warranty.</p> <p>Same — Estoppel. An offer by the purchaser of a touring car to permit the seller to put the car in order, not accepted by the seller, does not estop the purchaser from rescinding the sale for breach of warranty.</p> <p>Sales — Wabbanty — Caveat Emptok — Opportunity to Inspect. The rule of caveat emptor does not apply to the sale of a motor car under an express written warranty that it was in first-class condition, even if the purchaser had an opportunity to inspect it.</p> <p>Same — Rescission by Vendee — Diligence—Pleading. A complaint for a rescission of a contract of sale for breach of warranty is sufficient without stating facts showing the exércise of ordinary care by the plaintiff to discover the defects, where the defects were latent, or it does not appear on the face of the complaint that the defects could have been discovered by the exercise of ordinary care.</p> <p>Sales — Rescission—Tender. Upon rescission of the sale of a motor car, returning it to the garage where the delivery was made, with a written order for it, constitutes a sufficient tender.</p> <p>Same. The tender of a motor car, on rescission of the sale, is not objectionable because the car was dismantled, where the seller sanctioned the dismantling in order to repair the car and make it comply with his warranty.</p> <p>Sales — Wabbanty—Breach—Fraud. An executed contract of sale may be rescinded for breach of express warranty without proof of fraud on the part of the seller in making the sale.</p>