Lee v. Fidelity Storage & Transfer Co.

Citations

• 51 Wash. 208
• 98 P. 658
• 1908 Wash. LEXIS 997

Syllabus

<p>Foreign Corporations — Actions—Process—Service on Agent— Doing Business Within State. A foreign corporation engaged in the business of assembling car load lots of household and other goods and forwarding them to, and distributing or storing 'them in, this state, through an agent located at S. in this state, which receives, distributes, or stores the goods here, is “doing business within this state,” within the meaning of Bal. Code, § 4875, authorizing the service of summons upon “any agent.”</p> <p>Contracts — Existence—Breach—Evidence—Question for Jury. The existence of a contract to forward goods from St. Paul to Tacoma, and its breach, is for the jury, where the plaintiff’s evidence was to the effect that there was a clean-cut contract for delivery at Tacoma without prepayment, and the defendant’s agent refused to forward the goods from Seattle to Tacoma without full prepayment of the charges.</p> <p>Carriers of Goods — Delivery—Charges — Collection — Prepayment — Instructions. In an action for conversion of goods it is proper to instruct that a “forwarder and distributer” of goods,, which contracts to make delivery at a certain place without prepayment of charges, cannot collect its charges until the goods are delivered at their destination, it being immaterial by what name the defendant designates the nature of its business.</p> <p>Same — Action for Non-Delivery — Conditions Precedent. A demand for goods to be delivered by the defendant at T. under a contract to pay charges on delivery, is not a condition precedent to an action for a conversion, where, before suit, the defendant’s agent refused to forward the goods until prepayment of the charges, as the demand is thereby waived.</p> <p>Same — Value of Goods — Evidence—Sufficiency—Presumptions. In an action for the conversion of goods delivered to the defendant at St. Paul to be forwarded to Tacoma, plaintiffs evidence of the value at St. Paul is sufficient evidence of the value at the time of their conversi