Sedro Veneer Co. v. Kwapil

Citations

• 62 Wash. 385
• 113 P. 1100
• 1911 Wash. LEXIS 712

Syllabus

<p>Sales — Breach of Contract — Damages. Where the seller breached a contract to furnish twenty-five car loads of egg case shooks for resale to eastern customers of the buyer, a jobber, who subsequently dona fide resold all of the same at a profit and was unable to fill the orders, the measure of damages is the net profit the buyer would have made, and not the difference between the contract and the market price; since the prospective profits were reasonably within the contemplation of the parties, although he had made no resales when the contract was made.</p> <p>Same — Mitigation of Damages — Burden of Proof. In an action for damages for breach of a contract to furnish egg case shooks to a jobber for resale, the burden is upon the defendant to show that the buyer could have purchased the shooks elsewhere.</p> <p>Same — Damages—Prospective Profits — Evidence—Sufficiency. The evidence .shows with sufficient certainty loss of prospective profits on contemplated resales of twenty-five car loads of egg case shooks, where it appears that he made dona fide resales thereof to his customers at a net profit of $100 per car.</p> <p>Frauds, Statute of — Sale of Goods — Delivery of Part — Part Payment. An oral modification of a written contract of sale of goods is not void under the statute of frauds, where, within the exception of Rem. & Bal. Code, § 5290, the purchaser “received and' accepted part of the goods” and paid for the same.</p> <p>Sales — Breach—Defenses—Nonpayment. The seller of goods cannot avoid liability for breach of a contract by reason of the purchaser’s failure to pay a balance due on goods delivered, where that was not assigned as a reason for failure to perform until after the damage to the buyer had already accrued.</p> <p>Same — Estoppel. Breach of a seller’s contract to fill orders of the buyer for a certain quantity of goods is not excused by the buyer’s failure to file the orders within the time contemplated by the contract, where the seller was then