Loewi v. Long

Citations

• 76 Wash. 480
• 136 P. 673
• 1913 Wash. LEXIS 1844

Syllabus

<p>Sales — Requisites—Correspondence—Execution op Subsequent Formal Contract. A contract for the sale of a hop crop is consummated by letters and telegrams, although the parties had in mind the subsequent signing of a more formal contract, where it appears (a) that the subject-matter had been agreed upon, (b) the terms were all stated in the informal writings, and (c) the parties intended a binding agreement prior to the execution of the formal contract.</p> <p>Sales — Offer and Acceptance — Consummated Agreement — Evidence — -Sufficiency. That the suhject-matter of a sale of hops was fully agreed upon in letters and telegrams and that the parties intended a binding agreement prior to the execution of a formal contract, is established where there was no dispute as to the subject-matter, the offer to buy at thirty cents was accepted, provided the seller made a certain immediate payment by telegram and a subsequent advance, and the payments were forwarded as stipulated prior to the time for the execution of the formal contract.</p> <p>Sales — Terms—Time and Place of Delivery — Custom. The fact that letters and telegrams constituting a sale of hops did not fix the time and place for delivery is immaterial, where the court found, without exception taken, that, by the custom of the trade, where no specific agreement was made therefor, delivery was to be at the nearest railway station on or before the last day of October.</p> <p>Same — Terms—Time for Payment. Where a contract for the sale of hops did not fix the time for the payment of the balance due after two preliminary advances, the rule of law is that delivery and payment of the price shall be concurrent acts.</p> <p>Sales — Breach by Seller — Defenses—Title. One contracting for the sale and delivery of a certain crop of hops cannot escape liability for damages from breach of the contract by showing that he did not own the hops.</p> <p>Sales — Breach—Measure of Damages. On the breach of a contract to deliver 25,000 p