Price v. Hornburg

Citations

• 101 Wash. 472
• 172 P. 575
• 1918 Wash. LEXIS 861

Syllabus

<p>Appeal—Briefs—Assignment of Error. In the absence of an ■assignment of error in the brief, error cannot be based upon exceptions to the exclusion of evidence.</p> <p>Sales — Construction of Contract — Right to Territory — Deposit. A contract whereby a dealer was given “the right to sell” ten motor cars of a certain model in specified territory, and requiring a deposit of fifty dollars on each car when ordered, is not a contract for the sale of ten cars, although there was a prepayment ■of $500 as a deposit, in the absence of any reference in the contract to, or proof of, any orders for cars.</p> <p>Same—-Dealer’s Contract — Recovery of Deposit — Burden of Proof. In such case, in an action to enforce repayment of the dealer’s deposit, as provided in the contract at its expiration after the last car ordered was delivered and paid for, in which the prepayment of the $500 deposit was admitted, the burden of proof was upon the defendant to show an order for the cars, or some valid defense entitling him to retain the deposit.</p>