Michigan Lumber Co. v. H. B. Waite Lumber Co.

Citations

• 53 Wash. 604
• 102 P. 450
• 1909 Wash. LEXIS 1375

Syllabus

<p>Sales — Orders—Negligence in Furnishing Duplicates — Loss by Advance in Price. Where orders for lumber were lost, and the purchaser undertook to furnish duplicate copies and negligently omitted several items, and after the orders were filled according to such duplicates, the price of lumber advanced, the purchaser must stand the loss on the omitted items because of its negligence; since the vendor might have protected itself before the advance.</p> <p>Same — Mistake in Duplicate as to Charges — Effect. In such a case, where the duplicate orders by mistake omitted a charge for freight to be borne by the vendor, the vendor must pay such charge according to the original sale, as there was no new contract nor any injury to the vendor by the mistake as to the freight.</p>