Rostein v. Hines

Citations

• 115 Wash. 644
• 198 P. 385
• 1921 Wash. LEXIS 791

Syllabus

<p>Estoppel (38)—Grounds—Clothing Another with Apparent Title—Approval and Participation in Sale of Personal Property. Where an oral contract for the sale of a quantity of scrap rails was made between two parties, the seller is estopped to deny that title did not pass because of failure to pay the purchase price, where both parties subsequently participate in making sale to a third party which had been initiated by the original purchaser under the unconsummated contract.</p> <p>Sales (36)—Construction of Contract—Trade Acceptances— Term of Credit. Where a quantity of scrap rails was sold under an agreement to take the trade acceptances of the purchaser payable in thirty and sixty days, the sellers could not later rescind on the ground that such trade acceptances were not bankable paper:</p> <p>Sales (148)—-Remedies of Buyer—Recovery of Price or Goods— Market Value—Evidence—Sufficiency. In an action for damages based on the value of rails sold but not delivered to plaintiff, evidence held on appeal to fix the value at forty dollars per ton instead of at sixty-five dollars as found by the trial court.</p> <p>Sales (144.)—Remedies of Buyer—Action for Price. Where a contract for the sale of rails provided for payment by trade acceptances, the buyer is not entitled to a judgment for the price in cash, but to an alternative judgment for return of the rails or their value.</p> <p>Appeal (433)—Review—Harmless Error—Favorable to Party Complaining. Error cannot be predicated upon extending to appellant the time for making delivery of rails sold, since it was favorable to him.</p>