Los Angeles Olive Growers Ass'n v. Pacific Grocery Co.

Citations

• 119 Wash. 293
• 205 P. 375
• 1922 Wash. LEXIS 761

Syllabus

<p>Sales (113, 117, 165) — Wabbanty of Fitness — Breach—Waiver— Acceptance — Damages. The purchaser of canned tomatoes from the manufacturer who accepts the goods on inspection may nevertheless recover for latent defects through improper canning for breach of implied warranty that the goods were fit for human consumption and capable of being kept the customary time.</p> <p>Same (117) — Warranty—Waiver of Breach. Under a manufacturer’s sale of canned tomatoes, providing that .claims for “swells” must be made within six months, and all other claims within ten days from the receipt of the goods, the ten-day provision relates only to patent defects, where all damaged cans would first swell, and the defects could not be discovered within the ten-day period; since an unreasonable limitation for the discovery of latent defects will not protect the seller.</p> <p>Trial (10) — Right to Open and Close. In an action on contract, where the complaint was admitted and the sole issue was on a counterclaim, the defendant had the burden of proof and was entitled to open and close.</p> <p>Evidence (59) — Relevancy—Similarity of Conditions. Upon an issue as to damages for breach of implied warranty in the sale of canned. tomatoes, which were apparently in good condition when delivered hut spoiled within six months, it is proper comparison to admit evidence that other tomatoes were kept in the same place during the same time and did not deteriorate; also to exclude testimony that other-goods packed by the seller at the same time but not having similar storage had not developed trouble.</p>