Moran Bros. v. Snoqualmie Falls Power Co.

Citations

• 29 Wash. 292
• 69 P. 759
• 1902 Wash. LEXIS 586

Syllabus

<p>SALES OF MACHINERY-ACTION FOR PRICE-EVIDENCE-MODELS.</p> <p>In an action to recover tbe value' of certain heavy machinery manufactured for defendant, in which one of the issues was whether the machinery manufactured according to defendant’s designs had been guarantied by plaintiff to stand the strain to which it would be subjected, it was not error for the court to permit the introduction in evidence of wooden models, one of which exactly represented the mechanism designed by defendant’s engineer and ordered from plaintiff, and the other the same contrivance as it would have been if made according to the plan recommended by plaintiff.</p> <p>SAME-SPECIAL DESIGN-CHANGE BY PURCHASER-EFFECT-MEASURE OF RECOVERY.</p> <p>A manufacturer of machinery under contract may make such changes, without objection, as may be required by the customer, and, if the departures from the original plans are such as t'o result in a new and substantially different undertaking, he may, in the absence of any agreement as to compensation for such changes, recover the reasonable value of the labor and material so furnished, and will not be limited to the price agreed upon in the original contract.</p> <p>SAME-VALUE OF EXTRAS-INSUFFICIENCY OF EVIDENCE.</p> <p>Although plaintiff may have been entitled to recover, in addition to contract price, the value of extra work and material made necessary because of alterations directed to be made after entering into contract for making machinery of a certain design, it is not entitled to a recovery when there is no evidence of the value of such extras other than as contained in a stipulation which recited “that there are included in said account sundry items, aggregating $1,526.94, which are charged therein for necessary labor and material performed and furnished in the making of regulator No. 3, which was furnished by the plaintiff to the defendant; the defendant, in connection with this stipulation, reserving all questions as to whether or not, if plai