Pearce v. Puyallup & Sumner Fruit Growers' Canning Co.

Citations

• 117 Wash. 612
• 201 P. 905
• 1921 Wash. LEXIS 893

Syllabus

<p>Sales (29) — Construction of Contract — Subject-Matter — Quantity and Ascertainment Thereof. Where defendant offered to supply the trade with a certain kind of cabbage in carload lots and plaintiff submitted an order for five carloads, subject to confirmation, to which defendant replied “will start shipping cabbage as per your letter 13th, but may not have full five cars to supply. Will furnish as many cars as we have,” which was accepted by plaintiff, there was a contract between the parties, binding only to the extent of one carload (Fullerton, J., dissents).</p> <p>Same (156) — Actions for Breach — Failure to Deliver — Measure of Damages. On breach of a contract of sale of fifteen tons of cabbage, the measure of damages for failure to deliver is the difference between the market price on the date the cabbage should have been delivered and the market value at the time of the seller’s breach.</p>