McCormick v. Tappendorf

Citations

• 51 Wash. 312
• 99 P. 2
• 1909 Wash. LEXIS 1183

Syllabus

<p>Sales — Delivery—Cash Payment — Breach—Vendee’s Inability to Pay Cash — Action by Vendee — Questions for Jury. Upon a sale of ties to be delivered “to ship’s tackle along the Columbia river,” the terms of payment being “cash on presentation of bill of lading, inspection certificate and invoice” at a certain bank in Portland, which suspended business, the purchaser cannot maintain an action for damages for nondelivery, where it was not prepared to pay cash; and such fact is a question for the jury, where it appears that the vendor engaged a tug to take the ties to the vessel, ascertained that no funds were at the bank for payment, and by telegraph refused delivery until arrangements for cash payment had been made, and vendors answered by telegraph that arrangements for cash payment through Portland banks had not been made and proposed to pay by a ten day’s sight draft.</p> <p>Appeal — Review—Harmless Error — Evidence—Sales—Measure of Damases. In an action for damages for failure to deliver ties sold to the plaintiffs, the admission of evidence of the expense of a journey taken to secure a settlement is not prejudicial error, where, by the instructions to the jury, the damages were restricted to the difference between the market and contract price, and towage expenses.</p> <p>Mount, X, dissents.</p>