McGarry v. Superior Portland Cement Co.

Citations

• 95 Wash. 412
• 163 P. 928
• 1917 Wash. LEXIS 816

Syllabus

<p>Sales' — Contbact—Construction—Rebate. Upon a sale of cement at $1.90 per barrel, for'highway work on King county roads, by the terms of which the buyer was to have a rebate in case the market price fell or if the seller quoted a lesser price during the life of the contract, the buyer was entitled to the rebate where the seller thereafter quoted a price of $1.75 to King county for work on county roads and bridges.</p> <p>Same — Contract—“Market Price.” In such a case, the quotation of $1.75 per barrel to the county is some evidence, and sufficient under all the circumstances, to show the “market price,” which implies price or value in an open market, as shown by buying and selling, notwithstanding that some witnesses testified that the market price remained at $1.90.</p> <p>Same — Contract eor Rebate — Construction. In such a case, it is immaterial that the price quoted to the county was not intended to be retroactive or applied to past county contracts, since by the terms of the contract of sale any cut in the price during the life of the contract was made retroactive upon the terms of the contract and entitled the buyer to the rebate.</p>