Nelson v. Davenport

Citations

• 108 Wash. 259
• 183 P. 132
• 1919 Wash. LEXIS 867

Syllabus

<p>Damages (15, 74)—Grounds — Loss of Profits. Prospective profits can be recovered for the breach of a contract to furnish garbage from defendant’s hotel for the fattening of hogs, when proved with reasonable certainty.</p> <p>Same (118)—Sales (153)—Loss of Profits — Evidence—Sufficiency. The prospective profits from a contract to furnish garbage from defendant’s hotel for the fattening of hogs for a certain period of time is shown with reasonable certainty by evidence of the plaintiff’s profits for preceding months and that there was a dependable market during the term of the contract and that, owing to war conditions during the balance of the term, plaintiff was unable to make a profit with any substitute feed obtainable.</p> <p>Damages (113)—Sales (152)—Loss of Profits—Evidence—Admissibility. In an action to recover prospective profits from a contract to furnish hotel garbage for fattening stock or feeder hogs, qualified witnesses may testify as to the amount of pork-fat a ton of garbage would produce, that there was a ready market, and feeders easily obtainable, and as to the time it would take on an average to fatten a hog and the expense attached thereto, and the amount of garbage and weight per day taken from defendant’s place of business prior to breach of the contract.</p> <p>Evidence (76)—Best Evidence—Loss op Writing. After proof that written statements of the weight of loads of garbage were lost and could not be produced, parol evidence with reference to the regularity of the weight of the daily loads, and their weight on a number of occasions, is admissible upon an issue as to the daily amount of garbage furnished.</p> <p>Pleading (22)—Conclusiveness op Allegations on Party Pleading. In an action to recover prospective profits from a contract to furnish hotel garbage for fattening hogs, the defendant cannot claim that the consequences were not within the contemplation of the parties, where his answer admits facts showing notice of the purpose for which