Morford v. Frye

Citations

• 13 Wash. 244
• 43 P. 46
• 1895 Wash. LEXIS 83

Syllabus

<p>FINDINGS OF COURT—SUFFICIENCY OF EVIDENCE — CONTRACTS—CONSTRUCTION — PURCHASE OF HAY IN STACKS.</p> <p>A finding by the court that there was no agreement between the parties to a sale of stacks of hay as to reducing their cubical contents to tons in accordance with certain measurements cannot be sustained, when the seller’s testimony establishing such agreement, though flatly contradicted by that of the buyer, is corroborated by the buyer’s letters stating that he has computed the number of tons in a mode corresponding to that of the agreement as testified to by the seller and enclosing checks in payment for the hay estimated on that basis, and no dispute as to the correctness of such mode was raised by the buyer until a mistake in his computation of the number of tons on that basis was discovered, and a demand made upon him for additional payments. (Gordon, X, dissents).</p> <p>An agreement between parties to. a sale of stacks of hay, that the measurements of each stack shall be taken, and that one stack shall be baled and weighed as a basis for ascertaining the amount of hay in all the stacks, implies an agreement, in the absence of any other agreement, that the number of tons in all the stacks bear the same proportion to the number of tons in the stack weighed as the total measurements of such stacks bear to the measurement of the stack weighed.</p>