Moritz v. Herskovitz

Citations

• 46 Wash. 192
• 89 P. 560
• 1907 Wash. LEXIS 588

Syllabus

<p>Contracts — Sales—Construction—Question foe Jury. Where the meaning of a clause'in a contract to sell goods at “sixty-five cents on the dollar” is uncertain, and evidence is offered by both parties to explain it, the construction of the same is a question for the jury and not one of law for the court.</p> <p>Evidence — Declarations—Res Gestae. Upon a dispute as to the construction of a contract, a letter from the appellant’s attorney to the respondent, setting out appellant’s version of the transaction, is inadmissible as a self-serving declaration, is no part of the res gestae, and is immaterial as notice.</p> <p>Customs and Usage — Sales—Evidence—Admissibility. Upon a sale of merchandise at D. for a certain per cent of their cost, it is not error to exclude evidence of a particular custom at D. to add freight charges to the cost, where it was not shown that the vendee knew of the custom, and evidence was received of the general custom throughout the state which did not differ from the custom at D.</p> <p>Sales — Breach op Contract — Damages—Mitigation—Evidence. In an action to recover the price of goods sold, evidence of the amount of insurance received by the vendor for a loss by fire while the goods were in his possession, is admissible in mitigation of the damages.</p> <p>Costs — Taxation—Appeal—Waiver op Objections. Error cannot be predicated on the taxation of costs, where the motion to retax was not filed until three months after the taxation.</p>