Kruegel v. Kitchen

Citations

• 33 Wash. 214
• 74 P. 373
• 1903 Wash. LEXIS 510

Syllabus

<p>Contracts—Abrogating by New Agreement—Burden oe Pbooe —Damages. While the burden is upon the defendants to show a new agreement abrogating a contract for the purchase of brick of certain quality at a specified price, whereby an inferior quality at a fair price was substituted, the difference in price neéd not be shown with absolute precision, nor would the damages be restricted to the increased cost of laying the inferior brick, since compensation is the fundamental principle of damages.</p> <p>Costs—Tendee—Paying out of Deposit in Court. In an action to foreclose a lien, where the defendants’ tender has been paid into court, it is discretionary, in giving judgment against the plaintiff for costs, to order the same paid out of the deposit in court.</p>