Nordeen Iron Works v. Rucker

Citations

• 83 Wash. 126
• 145 P. 219
• 1915 Wash. LEXIS 681

Syllabus

<p>Work and Labor — Quantum Meruit — Effect of Excessive Price —Actions—Issues'—Instructions. In an action to recover the reasonable value of machinery ordered and accepted by the defendants, upon issues as to whether the goods were ordered from plaintiff by defendants and accepted by defendants, and their reasonable value, it is error to instruct the jury that, if they find that the machinery was ordered by defendants, and manufactured and delivered by plaintiff to defendants, they must find for the plaintiff, unless the jury further found that plaintiff charged for the same in excess of the reasonable value thereof; because, if the machinery was ordered, delivered to, and accepted by defendants, they, would be liable for the reasonable value thereof, regardless of the price asked.</p> <p>Same — Quantum Meruit — 'Issues and Proof — Instructions. In an action to recover the reasonable value of machinery delivered to, and accepted by the defendants, upon issues as to whether the goods were ordered from plaintiff by defendants, and accepted by defendants, and their reasonable value, it is error to instruct the jury that if they find defendants could have purchased the machinery on the open market for considerably less than the amount claimed by plaintiff, they could take that fact into consideration in determining whether or not there was a contract entered into between the plaintiff and defendants; since there was no contract in issue and no price had been agreed upon, making the instruction confusing and misleading.</p> <p>Appeal — Review—Prejudice—Presumptions. Prejudice will be presumed from erroneous instructions on material questions, unless it clearly appears from the whole case that there was no prejudice.</p> <p>Appeal — Review—Discretion—New Trial. The discretion of the trial court in granting a new trial will not be disturbed on appeal, unless there was a clear abuse of discretion, or the record discloses that the order was made because of a misconception o