Marden, Orth & Hastings Corp. v. Trans-Pacific Corp.

Citations

• 109 Wash. 296
• 186 P. 884
• 1920 Wash. LEXIS 904

Syllabus

<p>Sales (153)—Breach of Contract—Evidence—Sufficiency. A contract made in November for the sale of soya bean oil for immediate shipment from the Orient was finally breached February 19th following, where upon offer and negotiations for extending the time for delivery, the buyer fixed that time as the limit within which time for delivery could he arranged; failure to reply thereto constituting refusal to deliver as of that date.</p> <p>Sales (155)-—Remedies of Buyer—-Damages—Purchase of Goods Elsewhere. Upon refusal of the vendor to deliver soya bean oil “c. i. f. Seattle,” the buyer is entitled to recover the difference between the contract price and the market price at Seattle at the time of the breach.</p> <p>Sales (152)-—Remedies of Buyer—Action for Breach—Evidence -—Admissibility. In a buyer’s action for damages for failure to deliver soya bean oil to be shipped from the Orient, the market value on the day of the breach may he shown by a trade journal of repute and general circulation throughout the United States, generally relied upon by the trade everywhere, in which quotations were given and sales reported at the place of delivery, which was the principal Pacific Coast point for the importation and distribution of soya bean oil.</p> <p>Costs (62)—On Appeal-—More Favorable Judgment. Appellant, -obtaining a substantial reduction in the judgment, is entitled to costs on appeal.</p>