North American Commercial Co. v. North American Transportation & Trading Co.

Citations

• 52 Wash. 502
• 100 P. 985
• 1909 Wash. LEXIS 1146

Syllabus

<p>. Principal and Agent — Sales by Agent — Warranty—Authority oe Agent — Evidence—Sufficiency'—Implied Warranty of Title. An agent had authority to warrant a cargo of coal as free from incumbrances (including an unpaid duty) where it appears that a representative .of the company testified that he had absolute authority to dispose of the coal, that he instructed the agent to make the best settlement possible, had wired him that the duty was paid, and the company failed, after opportunity, to show that the representative did not have the authority claimed by him; especially where it had constructive possession, which raises an implication of warranty of title.</p> <p>Customs Duties — Rebate—Expiration of Time-Limit for Rebate —Statutes—Construction. Foreign coal discharged in October, 1903, from a disabled vessel at a port other than her destination, and kept in the custody and control of the government, is not relieved from the payment of duty by Act of Cong. Jan. 15, 1903, (32 Stat. 773) which provides for a full rebate of duties on coal for the period of one year, where no entry of the coal had been made and no rebate made by the collector until after-said statute had expired by limitation; and the same was subject to duty when sold on March 4th, 1904.</p> <p>Sales — Warranty Against Incumbrances — Payment of Duty— Failure of Vendee to Give Notice. Where the purchaser of foreign coal was not notified within ten days of the reliquidation of duty on the coal, and the statute made the decision of the collector final unless appeal was taken in ten days, the purchaser’s failure to notify the vendor of the lien for the duty within time to enable the vendor to take an appeal and contest the duty will not deprive the purchaser of his right to recover the duty which he was required by the government to pay, under the vendor’s warranty that the coal was free from incumbrances.</p>