Sevier v. Hopkins

Citations

• 101 Wash. 404
• 172 P. 550
• 1918 Wash. LEXIS 849

Syllabus

<p>Trial—Motion for Directed Verdict—Waiver. Where both parties ask for a directed verdict and reserve no question of fact to be submitted to the jury, they admit that the evidence is free from conflict and waive the verdict of the jury.</p> <p>Sales—Warranty-—Breach—Measure of Damages. Where hay to be chopped was sold under a warranty of first-class condition and the vendor caused wet hay and snow to be chopped and mixed with the good hay, whereby all was spoiled, the buyer, who had no notice of the fraud until after full payment, can recover his entire damage.</p> <p>Principal and Agent—Drayman—Sales—Acceptance of Goods. A drayman, employed by telegraph by the buyer to haul hay and load it into cars, is not the agent of the buyer with authority to bind the buyer by the acceptance of hay that did not comply with the contract of purchase.</p>