Richardton Roller Mills v. Miller

Citations

• 99 Wash. 654
• 170 P. 357
• 1918 Wash. LEXIS 704

Syllabus

<p>Sales—Implied Contract—Appropriation by Agent. Where flour consigned for sale on commissions, was received by the consignee who sold it and failed to furnish invoices or report the sales as agreed, there was such an appropriation as to entitle the consignor to treat the transaction as a sale and recover the price.</p> <p>Partnership — Existence op Relation — Evidence—Sufficiency. The evidence is sufficient to establish that one of the partners became a member prior to a sale to the firm, where two witnesses testified to his oral admissions to that effect and he did not testify with any degree of certainty as to when he became a member.</p> <p>Sales—Contract—Evidence—Sufficiency. An enforceable sale of 2,000 barrels of flour is not established by telegrams and letters showing only an Offer specifying prices per barrel on different grades, an acceptance thereof and booking of the order without specifying quantities, and a subsequent raise in the price by the seller to which the buyer refused to agree, especially where, in further negotiations for other shipments, each party claimed a different interpretation of the correspondence.</p>