Puget Sound Iron & Steel Works v. Clemmons

Citations

• 32 Wash. 36
• 72 P. 465
• 1903 Wash. LEXIS 372

Syllabus

<p>SALES-WARRANTY-PAROL EVIDENCE.</p> <p>Parol evidence of oral warranties is admissible where the only written contract in connection with the sale of machinery was an order for it in the shape of a letter, which did not purport to contain any part of the contract or conditions which the seller was to perform.</p> <p>SAME-BREACH.</p> <p>A warranty that a road engine was free from defects and imperfections and that the seller would replace all defective parts free of charge was broken, where the seller, after supplying-new drums several times in place of those breaking because of defects in manufacture, refused to replace the last one breaking because of its inability owing to a strike at its works.</p> <p>SAME-MEASURE OF DAMAGES.</p> <p>The measure of damages upon the breach of a warranty to replace defective parts of a road engine free of charge to the purchaser would be the expense he was put to in replacing the broken parts elsewhere upon the seller’s refusal to supply new ones, and would not include loss of profits in logging as within the contemplation of the parties, where the seller had no knowledge of the extent of the purchaser’s operations, the number of logs he was hauling, the number of men or machines he was working, or the character or length of the roads the logs were hauled over (Skagit Ry. & L. Co. v. Cole, 2 Wash. 57, and Graham v. McCoy, 17 Wash. 63, distinguished) (Dunbar, J., dissents).</p>