Phoenix Packing Co. v. Humphrey-Ball Co.

Citations

• 58 Wash. 396
• 108 P. 952
• 1910 Wash. LEXIS 945

Syllabus

<p>Sales—Action fob Pbice—Performance by Vendor—Necessity-Statutes—Construction. Civil Code of California, § 1440, providing that, if a party to a contract gives notice that he will not perform the same, the other party is entitled to enforce the same without previously performing any of the conditions on his part, has no application where the vendee gave notice of cancellation of a sale, and the vendor refused to accept the cancellation and gave notice that the goods would be shipped as per contract, after which no further communications passed between the parties.</p> <p>Sales—What Law Governs—Place of Delivery-—Construction. Where plaintiffs, doing business at San Francisco, offered, through their broker at Spokane, to sell a car of raisins to the defendants, doing business at Spokane, f. o. b. California, with right to inspect the goods on arrival, terms cash with documents attached, and the offer was accepted through the broker at Spokane, where the accepted contract was afterwards delivered by the broker, the contract is governed by the laws of Washington where delivery of the goods was to be made; especially in view of testimony explaining the expression “terms—cash with documents attached” to mean that the goods were to be shipped with shipping receipt attached to the draft, and not to be delivered and released by the railroad company until paid for.</p> <p>Same—“F. O. B.” The terms “f. o. b. California” simply means that the purchaser was to pay the freight from California to the place of destination.</p> <p>Evidence—-Parol—To Explain Writing. Parol' evidence is admissible to explain the expression “terms—cash with documents attached,” used in a contract for the sale of goods to be shipped by the seller.</p>