Paul Hopkins & Son v. Seattle Scandinavian Fish Co.

Citations

• 32 Wash. 513
• 73 P. 495
• 1903 Wash. LEXIS 449

Syllabus

<p>SALES-MANUFACTURE OE MACHINERY-COMPLETION WITHIN REASONABLE TIME.</p> <p>In an action to recover the price of a boiler constructed upon defendant’s order, the latter is not entitled, by way of counterclaim, to damages for delay in filling the order, when the contract provided that the boiler was “to be completed within six weeks after the arrival of the iron in Seattle,” and the evidence shows that the plaintiffs had promptly placed their order for the necessary materials, but were delayed in their work by inability to procure a certain thickness of steel plate, because of its not being in the market, and that, after getting the consent of the government inspectors to the substitution of thinner plates, they at once procured same and promptly completed the boiler within six weeks thereafter.</p>